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PERKINS LIBRARY 
 
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I^opcrp. 307 
 
 «r tnainprife, till the /aid forfeiture /hall be paid. 43 El. c, 2. 
 f. 2, II. 
 
 2. And by the 17 G. 2. r. 3^. Jny pari^ officers negle£ling to 
 chey any di red ions cf that acf, being cmi'iEicd thereof on oath hcjore 
 tivo jujlicesy in iijuo kalendar months after the offence committed, 
 
 \Jhall forfeit not exceeding 5 1. r.or Ljs than ifO%. to the foar, by 
 dijlrrfs. f. 14. 
 
 3. And in all aB ions to he brought in the courts at Weftminfter, 
 vr at the aj/izcs, for the recovery of anyfum mifpent or taken to thiir 
 envn ufe by the churchnuardens or overfeersy the enjidence of the pa- 
 rl&ioners, other thanfuch as receive alms, Jhall be admitted, 3 W. 
 C. II. f IZ. 
 
 VIII. Indemnity of overfeers In the perform- 
 ance of their duty. 
 
 1. By the y f. f. 5. and 21 J. c. 12. If any adion be brought 
 agp.injl any ouerfeer, or other perfon ivhich in his aid, or by hit 
 commandment, Jhall do any thing conXerning his office, he may plead 
 the general iffue, and if he reccvcrs, he jhall ha've double cofis : 
 And fuch adion f^all be laid in the proper county, and not elfe- 
 ivhere. 
 
 2. And by the 43 El. c. 2. Perfons futd for any thing done en 
 that ail, 7nny plead the general iffue, and. ha've treble damages ixiitb 
 cojls, and that to be affeffed by the fame jury or lurit to inquire of 
 the damages, f. 19. 
 
 Pope. See POpCrp. 
 
 laopcrp. 104842 
 
 /. General ohfervations. 
 
 II. Popjh fupremacy oppofed and aholijhed. 
 
 III. Concerning the papers prefentation to benefices. 
 
 IV. Bringing hulls and other injlruments from'R.QmQ. 
 
 V. Popijh books and relicks^ 
 
 VI. Foreign education of papijls. 
 
 VII. Penalty of perverting other s^ or being perverted 
 
 to popery. 
 
 VIII. Jefuits and popifh priejls. 
 
 IX. Saying and hearing mafs. 
 
 X. Penalties of iid. a Sunday, and 20I. a monih, 
 
 for not going to church. 
 
 X 2 XL Regi' 
 
3o8 f^opei:?. 
 
 XL Regijlring ejiates. 
 
 XII. InroUing deeds and wills. 
 
 XIII. Double taxes. 
 
 XIV. Papijis not to come to court. 
 
 XV. Not to come ivithin ten miles of London. 
 
 XVI. Papijis confined to their habitations. 
 Xl^II Not to inherit, or take by devife. 
 
 XVIII. Shall not pur chafe. 
 
 XIX. Shall not prefent to benefices. 
 
 XX. Shall not teach fchool. 
 
 XXI. Difabled as to offices, law, phyfick. 
 
 XXII. Not to be executor, or adminiftrator, 
 
 XXIII. Not to be guardian. 
 
 XXIV. Shall be deemed excommunicate. 
 
 XXV. Popifh baptifm. 
 
 XXV I. PopifJj marriage. 
 XXVII Pcpifij burial. 
 
 XXVIII. Armour. 
 
 XXIX. Hcrfes. 
 
 XXX. Pcpifij wife. 
 
 XXXI. Heir of a popifh reciifant. 
 
 XXXII. Protefiant children of papifis, 
 XXXIII Oaths, 
 
 XXXIV. Minifier to prefent papifis. 
 XXXl'^. Recufants conforming. 
 XXXVI. Eccleftnfiical jurifdi^ion. 
 
 I. General obfervations. 
 
 i. T T is to be obferved in general, that popifi recufants are liable 
 \ to all the forfeitures ar|i^lfabilities, and other inconveni- 
 ences, to which other recufants are liable ; and to many others, 
 to which other recufants are not liable. 
 
 For to be a recufant, doth not necelTarily imply the being a 
 papiji : But a recufant is any perfon who refufes to go to church, 
 and worfhip god, after the manner of the church of England : 
 hpopip? recufiint, '\i a papift who fo refufeth : And a popijh recu- 
 fant convict, is a papift legally convi£lcd thereof. For the want 
 of attending to which diftindion, divers authors who have treated 
 ©f this fubjed, have fallen into confufion. 
 
 I 2. There 
 
** 
 
 0^842 
 
^OpttV^ 309 
 
 2. There are feveral ftatutes made againft recufants in Q^E/i- 
 zal>efh^s reign, and the former part of the reign of K. Ja-mes the 
 iirft, which are not reftrained to popiih recufants onjy ; but as there 
 were few or no other recufants but papifts at that time, they have 
 regard chiefly to perfons of that profeilion : and therefore they are 
 inferted under this title : ahho' the words of them do extend, and 
 the aft of toleration fuppofes them to extend, to all non confor- 
 iniils in general. But the force of them as to proteftant diffenters 
 is taken away by that aft. But no papirt, or popilh recufant, 
 fhall have any benefit by the aft of toleration. 
 
 3. The reader will obferve from the dates of the feveral afts, 
 how the penalties have from time to time been inforced and in- 
 larged, upon every frefh attempt againft the government; efpe- 
 cially at the feveral periods during Q^EUzabetH^ reign, after the 
 powder plot in the reign of K. James the firlt, and after the re- 
 bellion in 171 5. One of the afts particularly, immediately after 
 the powder plot, which will often occur in the following ieclions, 
 is, in the ftatutes at large, a well penned aft. It is much in the 
 ftyle of Lord Coke ; ftrong, and clear : v.here tho' many words 
 are ufed, yet none of them can be wanted. And probably it was 
 drawn up by him. It brings the feveral laws together, which 
 had been enafted on the fubjefts it treats of; and renders thera all 
 ufelefs and dead, as much as if it had repealed them in exprefs 
 words. And it may be ;i pattern in reducing into one general 
 law, the feveral ftatutes which on many heads are now become 
 .very numerous, and not a little confufed. 
 
 4. In perufing this whole title, wherein the laws againft papifts 
 are brought clearly together in one view, it will occur poflibly to 
 remark, that they are many, and perhaps levere. But it ought 
 to be confidered withal, how proteftants are ti-eated in popifti 
 countries ; and that the offences intended to be guarded againft by 
 thefe laws, are not the ftealing of an ox, or tne burning of an 
 houfe, or any other invafion of private property, but d-'throning 
 the prince, and overturning the government. 
 
 'I'is true, thefe laws in the prefent age have been permitted to. 
 fleep in a great meafure, and that even at a ti;ne when a rebellion 
 was advancing, and a foreign invafion attempted, in favour of a 
 popifh prince and government : but they are fuffered neverthelefs 
 to continue in force ; perhaps that it may appear to the enemies 
 of our conilitution, that if they are fpared, it is not fur want of 
 power, but of inclination to panilh. 
 
 //. Popijh fupremacy oppofed and aholijhed. 
 
 1. Whoever fhall affirm, that the king hath not the fupreme 
 authority in caufes ecclefiaftical, ftiall be excommunicated' ij^ih 
 faiioy and not reltored but by the archbiiliop on his repentance. 
 
 Can. 2. 
 
 2. By the ftatute of the 27 Ed. 3. y?. i. r. i. which is called 
 the ftatute of provifors ; perfons fuing in a foreign realm, or im- 
 peaching judgment given in the king's court, Ihall incur a pr^e- 
 tmiiire; that is, ftiall have a day g:vtn to arpeur in pcrfon to 
 
 X 3 . i.nfvver 
 
3IO i&operv* 
 
 anfwcr to the contempt, and if they come not, they fhall be out 
 of the king's protedlion, their lands and goods fhall be forfeited, 
 and their bodies impriioned, and ranfomed at the king's v/ill. 
 
 And if any br;ng into the realm a fummons or excoreimunica- 
 tion againft any one executing the ftatute of provifors, he fhall 
 futfer pain of life and member, it, R. z. Jl. z r. 3. 
 
 3. And by the 5 El. c. i. If any perfon fhall maintain the 
 authority of the fee of Rcme in this realm, he fhall incur a fra;- 
 tnunire for the firft offence, and for the fecond Ihall be guilty of 
 high treafon. Profecution to be within a year. And the jullices 
 in fcfhons may enquire thereof, and fhall certify the fame into the 
 king's bench. /. 2, 3, 4, 10, 1 1. 
 
 4. And if any perfon fhall put in praclice to abfolve or with- 
 draw any fuljefts from their allegiance, or if any perfon fhall ha 
 willingly fo abfolved or withdrawn ; he, his aiders and main- 
 tainers fhall be guilty of high treafon. The trial to be at the 
 ailizes, or in the king's bench. 3 y. r. 4. / 22, 23, 25. 
 
 III. Concernifig the pope's prefentation to benefices. 
 
 1. No perfon by authority from the court of Rome, fhall di- 
 fturb any perfon of holy church, prefented or collated by the 
 king or his fubjedts ; on pain of fine and impriionment. 25 Ed. 
 3. /. 6. 
 
 2. None fhall take any benefice of an alien, or convey money 
 to him for the farm thereof; on pain of incurring a pramumre. 
 
 3 R- 2- ^- 3-. 
 
 3. No alien fhall purchafe or occupy a benefice in England', 
 on pain of & pr^ thuTiire. 7 R. 2, c. 12. 
 
 4. He that fhall go out of the realm, to procure a benefice, 
 fhall be out of the king's protedlion ; and the fame fhall be void. 
 \z R. z. c. \ 5. 
 
 5. If any perfon fhall accept a benefice from the pope, he fhall 
 be banifhed for ever, and his lands and goods forfeited. 13 i?. 2. 
 
 Jl. 2. c. 2. 
 
 6. No provifion of a benefice not vacant, made by the pope, 
 and licenftd by the king, fhall be available; but perfons endea- 
 vouring to exclude the incumbent thereby, fhall incur a pramu- 
 rire. 7 H. 4. c. 8. 3 //. 5. Ji. 2. c. 4, 
 
 W. Bringing bulls m:d other injlruments from Rome. 
 
 1. By the flatute of the i(>R. 2. c. 5. (which is the famous 
 ftatutc called the flatute of pr<^??iumre) li any perfon fhall pur- 
 chife, or bring into the realm, any bulls or inflruments from 
 Rome, or ellewhere, they fhall incur a pr^vwnire ; that is to fay, 
 they fhall be put out of the king's prote61ion ; and their lands 
 0nd goods {hall be forfeit to the king ; and they fhall be attached 
 by their bodie?, if they may be found, and brought before the 
 king and his council, there to anfwcr ; or elfe procefs fhall be 
 awarded againfl them by pramunire facias (fo calkd from thofe 
 words in the writ). 
 
 3 2. But 
 
10optr^ 3 1 1 
 
 2. But by a fubfequent ftatute, if any perfon (hall get or pub- 
 Jifh any bull or innrument from Rome, he (hall be guilty of high 
 trcafon. And his aiders and comforters fhall incar a pr^munire. 
 And concealing the fame fhall be mifprifion of high treafon. 13 
 £/. c. 2. / 3, 4, 5. And the jaftices of the p'^ace may enquire 
 thereof, within a year and day. z-j^EI. c. i./.S. 
 
 V. Popijh looks and relic ks, 
 
 1 . If any perfon fliall ha-ve in hts cujlody any books called an- 
 tiphoners, mifials, grailes, proceflionals, manuals, legends, pics, 
 portuaffes, primers in latin and cnglijh (except thofe fet out by 
 K. H. 8.) couchers, journals, ordinals or other books for the fer- 
 vice of the church, not fet forth by the king ; he ihall forfeit for 
 the firft offence 40 /. for the fecond 4 /. and for the third fhall be 
 imprifoned at the king's will. And the juftices of the peace in 
 their general leffions may hear and determine the fame. 3^4 
 Ed. 6. c. 10. 
 
 2. No perfon fhall bring from beyond the feas, nor (hall /ir/»/, 
 felly or buy any popifh primers, ladies pfaker?, manuals, rofaries, 
 popifh chatechifm^, miil'als, breviaries, portals, legends, and lives 
 of faints, containing fuperftitious matter, printed or written in 
 any language whatfoever ; nor any other fuperftitious book printed 
 or written in etigUjh ; on pain of 40/. one third to the king, one 
 third to him who (hall i^\t in any court of record, and one third 
 to the poor of the parilh where fuch books Ihall be found ; and 
 the books to be burned, "h f- ^- S' /• ^5- 
 
 3. If any perfon fliall bring into the realm any agnus dei, crofles, 
 pictures, beads, or fuch like vain and fuperftitious things, from 
 the bilhop of Ro?!ic, or any authorized by him to confecrate the 
 fame, and ofl'er them to any perfon to be worn or ufed ; both the 
 bringer and receiver fhall incur a pr^munire : But if the receiver 
 (hall in one day's time deliver the fame to a juftice of the peace, 
 or if fuch perfon to whom the fame is offered fhall carry the 
 bringer before the next jullice, or (if he cannot) fhall difclofe 
 the offender's name and place of abode or reforr, to the bifhop, 
 or to a juflice of the peace, he flull not incur fuch pramunire. 
 And in fuch cafe, thejuftice in 14 days fliall fignify the fame to 
 one of the privy council, on pain of inpurring a pramunire. \ 3 
 El. c. 2. f. 7, 8, 10. 
 
 4. And two juftices of the peace (and mayors and other chief 
 ofncers in corporations) may fearch the houles and lodgings of 
 every popifh recufant convidt, or of every perfon whofe wife is a 
 popilh recufant convict, for popifh books and relicks of popery : 
 and if any altar, pix, beads, pittures, or fuch like popifh relicks, 
 or any popifh book, ihall be found in their cuftody, as in the opi- 
 nion of the faid juffices, mayor, or other chief ofiicer, fhall be 
 thought unmeet for fuch recufant to have or ufe, the fame fhall be 
 prefently defaced and burnt, if it be meet to be burned; and if it 
 be a crucifix, or other rclick of any price, the fame to be defaced 
 %\ the feffions, and returned to the owner. 3 /. c-^- f 26. 
 
 X 4 VI Foreign 
 
312 
 
 VI. Foreign education of papifis. 
 
 1. If any perfon (ha'.l contribute, or fend over fca, any money 
 or other relief to any feminary abroad j he fhall incur a praemunire. 
 27 £/. f. 2. /. 6. 
 
 2. They who be in feminaries abroad, Ihall return in fix months 
 after proc'amation, and conform in two days, before the biftiop, 
 or two jurtices of the peace ; otherwife, if they return at all, 
 without fubmiffion, they Ihall be guilty of high treafon. 27 E/. 
 c. 2./. 5. 
 
 3. If any perfon Ihall go, or fend any perfon, beyond the 
 feas, to be popi(hIy educated, who (hall be there fo inftrudled, or 
 Ihall ferd any money or other thing for that purpofe ; he fhall, 
 on conviction before the judges of the king's bench, or of aflize, 
 be difabled to be plaintiff in any adion, or to be committee of 
 any ward, or executor, or adminiftrator, or capable of any le- 
 gacy or deed of gift, or to bear any office ; and fhall forfeit his 
 goods, and fhall forfeit his lands during life. But if he fhall con 
 form in 6 months after his return, he fhall be difcbarged. 3 C 
 c. 2. I 7. c. 4. /. 6, 7. 
 
 4. Children, not being foldiers, mariners, merchants, or their 
 apprentice? or fadtors, departing the realm, on account of educa- 
 tion, or otherwife, without licence from the king, or fix of the 
 privy council, fhall take no benefit by any gift, conveyance, de- 
 scent, devife, or otherwife, of any lands or goods, until they 
 conform. 3 y. f. 5. / 16. And perfons fending any fuch child 
 over feas, without licence, fhall forfeit 100/. to him who fhall 
 fue in any court of record. 3 y. <:. 5. /'. 16. 1 1 ilj" iz fl\ c. 4. 
 
 /6. 
 
 5. No woman, or child under 21, except failors or faftors, 
 fhall pafs over fea vvichout licence of the king and council ; on 
 pvin that the officer of the pore fhall forfeit his office and his 
 goods, the owner of the fhip his veffel, and the mafler liis goods 
 and be imprifoned 12 months, i J. c. 4 f. 8. 
 
 6. No p-rfon, not bred up by his parents in the popifh reli- 
 gion, fhull breed up or fufFer his children to be bred up in the 
 popifh rei'gion ; on pain of being difabled to bear any office, and 
 of fuch children alfo being difabled to bear any office until they 
 conform. 25 C. 2. c. z. f. 8. 
 
 VII. Penalty of perverting others^ or hcing p£rz'erted 
 to popery. 
 
 If any perfon fliall put in pradice to reconcile any fubje(as to 
 popery, or if any perfon fhall be willingly fb reconciled ; he, his 
 aiders and maincalners, fhall be guilry of high treafon. The trial 
 10 be at the afTizes, or in the king's bench. 3 'J. c. 4. / 22, 
 
 VUl. J-M: 
 
laopccr. 313 
 
 VIIL Jefu'Us and popip priejls. 
 
 1. No jefuit or popifh priefl (hall come into or be in the realm, 
 on pain of high treafon ; unlefs he conform. 27 El. c. 2. f. 2, 
 
 2. And if any perfon fhall knowingly receive or relieve any 
 fuch, he fhall be guilty of felony without benefit of cleigy. 27 
 El. c. 2. /. 4. 
 
 3. And if^ any perfon, knowing fuch jefuit or prieft to be in 
 the realm, fhall not in 12 days difcover the fame to a juflice of 
 the peace or other higher officer, he fhall be fined and imprifoned. 
 at the king's pleafurc. And if fuch juAice or other officer fhdl 
 rot in 28 days give mformation thereof to one of the privy coun- 
 cil, he fliall forfeit 200 marks, zj El. r. 2. / 13. 
 
 4. And a fuipeded jefuit or popifh priell, being lawfully exa- 
 ^lined, and refufing to anfwer whether he be a jefuit or popifh 
 priefl, fhall be imprifoned till he make dired: and true anfwer. 
 35 El. c. 2. / II. 
 
 5. And the perfon who fliall firfl difcover, to any jufiice of the 
 peace, any perfon who fliall entertain or relieve any jefuit, femi- 
 nary, or popifh prieft, within 3 days after the offence j fo that by 
 reafon of fuch difcovery any olTender fhall be taken and convidcd ; 
 fuch perfon fliall not only be freed from any penalty for fuch of- 
 fence, if him (elf be an offender therein, but fliall alfo have the 
 third part of the forfeitures if they do not exceed 150/. and if 
 they do exceed i 50/ then he fhall have 50/. ^ "J. c. ^. /. i. 
 
 6. If any perfon fliall apprehend any popifli bifhop, priefl, or 
 jefuit, and profecute him till he be convicted of exercifmg any 
 part of the office or funftion of a popifli bifliop, or prielf, he 
 fhall receive from the fherifF 100/. reward. 11 iy iz IV. <r. 4. 
 /. I, 2. 
 
 7. If any pnpifli bifhop, priefl:, or jefuit, fhall exercife any 
 part of the office or fundicn of a popilh bifliop or priefl: (except 
 in foreign miniflers houfes), he fhall be adjudged to perpetual im- 
 prifonment. \i bf \t IV. c. \. f. ■!„ 1^. 
 
 8. if any perfon fliall contribute, or fend over fea, any money 
 or other relief to any jefuit or popiih prieft ; he fiiall incur a pite- 
 miinire. 27 EL c. 2. f. 6, 
 
 IX. Saying and hearing mafs. ■ 
 
 I, If any per/on fhall fr)y or Jing mpfs, he fliall forfeit 200 
 marks, and be imprifoned for a year, and till paid ; 
 
 And if any perfon fliall wilfully hear mafs, he fhall forfeit 100 
 marks, and be imprifoned for a year ; 
 
 The foifeitarcj to be one third to the king, one third to the 
 poor, and one third to him who fliall fue in any court of record. 
 And if not paid in 3 months after judgment, he fhall be com- 
 mitted till he pays, or conforms. And the feflions may determine 
 the fime. 23 El. c. j. y' .j, 9, 10, 11, 
 
 2. If 
 
3^4 
 
 2. If any popidl hi'^:op, friej?, cr jrfult fnall Tay mif?, except 
 In foreign niinifters houfes, he fhall be adjudged to perpetual im- 
 prifonroent. \\i^ xzlV. c. 4. y? 3, 5. 
 
 3. And the perfon who fhall firil difcover to anyjuHica of the 
 peace any mafs to have been faid, and tlie perfons that were pre- 
 jent thereat, and the pried that faid the fame, or any of them, 
 within 3 days after the offence, and by reafon of fuch difcovery 
 any offender is taken and convifted i fuch perfon fhall not only 
 be freed from any penalty for fuch offence, if himfelf be an of- 
 fender therein, but fhall alfo have the third part of tire forfeitures, 
 if they do not exceed 150/. and if they do exceed i :jo /. ther* 
 he fhall have 50/. and after conviclion of the offender, he fhall 
 have a certificate from the judges, or jiiftices of the peace before 
 whom the convidion fhall be, directed to the fheriff or perfon 
 who fhall feize the goods, or levy the forfeiture, commanding him 
 to pay the fame., 3 y. r. 5. y; i . 
 
 4. And conveyances made by recufants to evade the penalties 
 for faying or hearing mafs, fliall be void. 29 EL c. 6. /. i. 
 
 X Penalties of i2d. <? Sunday, and 20 1, a month., 
 for not going to church. 
 
 1. All perfons, having no lawful or reafonable excufe to be 
 abfent, fhall refort to their parifli church or chapel, or upon rea- 
 fonable let thereof, to fome ufual place where divine fervice fhall 
 be performed, according to the liturgy ar;d praftice of the churcti 
 of England, upon every Sunday and holiday ; on pain of punifh- 
 ment by the cenfures of the church, or of forfeiting to the poor 
 for every offence i j. to be levied by the churchwardens by way 
 cf diftrefs. i El. c. z. f. 14, 24. Except diffenters qualified by 
 the aft of toleration, who refort to fome congregation of religious 
 worfhip allowed by that aft. i IV . c. tS. /. 2, 16. 
 
 And he who is abfent from his own parifh church, fhall be put 
 to prove where he went to church, i Haav. 13. 
 
 And one jullice, on proof (in one month after default) by con- 
 feffion, or oath of witnefs, may call the party before him ; and if 
 he fhall not make fufHcient excufe, and due proof thereof, to the 
 fatisfaftion of the juftice, fuch jullice fhall give warrant to the 
 churchwarden to levy i 2 d. to the ufe of the poor of the parifh, 
 for every default, by dillrefs and fale, rendring the overplus. For 
 want of diflrefs, commitment till paid. 3 J. c. 4. / 27, zS. 
 
 2. Every perfon above the age of 16 years, who fhall not re- 
 pair to fome church, chapel, or ufual place of common prayer, 
 being convifted thereof before the judges of affize, or jullices of 
 the peace in their open quarter feffions, fhall forfeit 20/. a month, 
 ©ne third to the king, one third to the maintenance of the poor 
 cf the parifh, and of the houfes of corre6\ion and of impotent 
 and maimed foldiers, as the lord treafurer, chancellor, and chief 
 baron of the exchequer fhall order, and one third to him who 
 fhall fue in any court of record. If not paid in 3 months ?fter 
 judgment, he fliall be imprifoned till he pay, or cojifornj hin>fcff 
 to go to church, 23 El. r. i. / 5, n. 29 £7. c. 6, / 7. 
 
 Note i 
 
^OptVp. 315 
 
 "Note ; Thefe two lafl: ftatiues, by infliiTling 20 /. for a month'* 
 abfence, difpenfe not with the forfeiture of 12^. on the former 
 ftatutes for the abfence of one Su7?a', y ; for both may well ftand 
 together; and the izd. is immediately forfeited upon the ab- 
 fence of each particular day. i Ha^-. 13. 
 
 3. And every offender in not repairing to church, being once 
 convided, fhall pay into the exchequer at Eajler or Michaelmas 
 term which ihall lirll happen after the conviction, 20/. for every 
 month contained in the indiftment ; and fliall alfo afterwards, 
 without any other indidment or convidion, pay into the exche- 
 quer at every Eajiir and Michc,ehnas term 20/. for every month 
 till he conform ; except where the king may refufe the fame, and 
 take two parts of the lands as hereafter is mentioned. 3 J. c. 4. 
 /.8. 
 
 4. And every conviftion recorded, fhall by the court be cer- 
 tified into the exchequer, and if default (hall be made in any 
 part of payment, the king may by procefs take the goods, and 
 two parts of the lands of the offenders. 3 J. c. 4. f. 9. 
 
 5. Alio the king may refufe the penalty of 20 /. a month for 
 rot coming to church, and in lieu thereof may feize two parts of 
 the offender's lands, and keep them till he conform. 3 J. c 4. 
 
 / 10, II. 
 
 6. And where feizure fliall be made of two parts of the lands, 
 for the penalty of 20 /. a month, fuch two parts friall, according 
 to the extent thereof, go towards payment, but the third part 
 ihall not be extended or feized. And when the recufant fhall die, 
 and the faid penalty not paid, the king fhall keep the two parts, 
 until the whole be thereby, or otherv/ife, paid, i 'J. c. 4. f. 5. 
 
 7. And if fuch recufant have no: lands of 20 marks a year, 
 or goods worth above 40/. and fliall not conform in 3 months, 
 being thereto required by the bifhop, or a judice of the peace, 
 or the min;lter, he fhall abjure the realm before two jaftices of 
 the peace or the coroner; who Ihall enter the fame of record, and 
 certify the fame at the next affizes. 35 El. c. 2. f. 8, 9. 
 
 And if he ihall refufe to abjure, or not depart, or return, he 
 fhall be guilty of felony without benefit of clergy. 35 El. c. 2. 
 / 10. 
 
 But married women fhall not be obliged to abjure, but they 
 fhall be fubjed to all the other penalties. 35 £/. r. 2. /. 19. 
 
 8. And every perfon who ihall retain in his fervice, or fhall 
 relieve, keep, or harbour in his houfe any fervanr, fojourner, or 
 ftranger, who fhall not repair to church, but fhall forbear for a 
 month together, not having reafonable excufe, Ihall forfeit 10/. 
 for every month he fhall continue in his houfe fuch perfon fo for- 
 bearing. And the fifiions may her^r and determine the fame^ 
 37. f. 4-/32, 33, 36. 
 
 9. And conveyances made by recufants to evade the penalties 
 for not coming to church, fhall be void. 29 El. c. 6. /. i. 
 
 10. And the juilices in feffions fhall have power to enquire, 
 hear, and determine of all recufants and offences for not repairing 
 to church; and fhall have power at the fefilons where an indidt- 
 pient is takpn for fuch o.IeRce, to make proclamation, by which 
 
 k 
 
,0 
 
 I 6 taopetp. 
 
 it fliall be commanded that the body of the offender fliall be ren{Jrcd 
 to the Iheriff, baihff, or gaoler, before the next feflions ; And if 
 he (hall not appear of record at the next feflions, then upon fuch 
 default recorded, he fhall ftand convidled. 3 J. c. 4. / 7. 
 
 1 1 . And no indiclment or other proceeding againft recufants 
 fliall be reverfed (unlefs they conform) for any want of form, nor 
 by any thing but by dired traverfe to the point of not coming to 
 church. 3 J. c. 4. / 16. 
 
 12. But every perfon who fhall ufually on Sundays have in his 
 houfe divine fervice as ertablilhed by law, and be thereat himfelf 
 ufually prefent, and fliall 4 times a year at leaft go to the parifh 
 church or other common church or chapel, he fhall not incur any 
 penalty for not repairing to church. 23 EL c.\. f. \z. And this 
 alfo fhall not: extend to proteftant difTenters, who refort to fome 
 place of religious vvorfhip allowed by the acl of tcrleration. i IV. 
 c. 18. 
 
 13. And the churchwardens and conftables fliall (on pain of 
 20/.) prefent at the quarter felTions once a year, the monthly ab- 
 ience from church of all recufants, and the names and ages of 
 their children above 9 years of age, and the names of their fer- 
 vants. And the prefentments fhall be entred by the clerk of the 
 peace without fee, on pain of 40 j. And if the party prefented 
 ihall be indided and convifted, fuch churchwarden or confiable 
 fhall have a reward of 40/. to be levied of the recufant's goods 
 by warrant cf the juilices in feffions. 3 'J. c. 4. / 4, 5, 6. 
 
 XL Regijlring eftatcs. 
 
 1. Every perfon being a popifh recufant, or papift, or educated 
 in the pop. lit religion, or whofe parent or parents fhall be a papill 
 or papilts, or who fhall ufe or profefs the popifh religion, fhall 
 within 6 months after he fhdl be of the age of 21, take the oaths 
 of the \G. f. 13. and make the declaration again!! popery of the 
 30 C. 2. in one of the courts at M'rjhinnjier, or the quarter hi- 
 fions ; or in default thereof, fhall within 6 months afterwards, and 
 within 6 months after he fhall come into the pofiefTion of any 
 lands, regiller the fame ; where they lie ; who is the pofTefTor of 
 ihem ; what eftate he hath in them ; the yearly rent, if lett ; if 
 lett upon leafe, who made it, what rent, what fine ; the time 
 when regiftred ; in a parchment book or roll to be kept by the 
 clerk of the peace, i G. ft. 2. <r. 55. / i. 
 
 2. And fuch lands fhall be regiftred in the county, where the 
 houfe thereupon ftands. 3 G. c. 18. /' 3. 
 
 3. And his name fhall be fubfcribed to the regiftry, in the pre- 
 fence of two jullices in open fefhons, by himfelf or his lawful at- 
 torney (the warrant of attorney to be proved by two witneflcs, 
 and entred of record) ; and two juitices iaall fubfcnbe their names 
 as witnefTes (on pain of 20/.) that the entry was duly made. And 
 the clerk of the peace fiiall, on applioation made ttn days at lea't 
 before the felflon.';, enter the fame before fuch fefhons ; who fli:.ii 
 have 3^ tor every 200 words cf the regiilry and encry of recoic, 
 and for every copy thereof, and fo£ any one comparing the fam& 
 
 wiiti 
 
^opetr. 317 
 
 with the originals ; and 4^. for every fearch. And if he negle<El 
 or refufe to do his duty iierein, he fliall forfeit his office- i G. 
 Jl.2. c. 55./ I. 
 
 4, Perfons not qualifying, or not regiftring, or not regiltnng 
 truly, fliall forfeit fuch lands, or the value thereof, two thirds to 
 the king, and^one third to him who fliall fue for the fame at the 
 comnnon law, or in chancery, i G. ft. 2. c 55. / i. 
 
 5. But no a£lion for any forfeiture for not regiflring, or for re- 
 giftring fraudulently, fliall be brought after two years after the of- 
 fence committed. 3 G. c, 18. / 2. 
 
 XII. InroUing deeds mid wills. 
 
 1 . No manors, lands, tenements, or hereditaments, or any in- 
 tereft therein, or rent or profit thereout, fhall pafs, alter, or 
 change from any papift, or pcrfon profeffing the popifh religion, 
 by any deed or will, except fuch deed within 6 months after date, 
 and fuch will within 6 moiiths after the death of the teflator, be 
 inroHed in one of the courts of record at 14'cftmi?!fta-, or wi;hiji 
 the county where they lie, by the cufos rotukrumy and. two jufti- 
 ces of the peace, and the clerk of the peace, or two of them at 
 leaft, whereof the clerk of the peace to be one. 3 G, c. 18. f. 6. 
 
 2. But leafes made by papifts to proteflants, whereon the fuU 
 yearly value, or the ancient or mofi; accuftomed yearly rent or 
 more fliall be referved, need not to be inrolled. 10 G. c. 4. 
 /19. 
 
 3. And by the 28 G. 2. c. 10. fuch deeds and wills fliall be 
 good, if they be inrolled before Jan. i. 1756, if advantage hath 
 not been taken of the default before Jan. i\. 1755. And there is 
 generally the like cTaufe of indemnity in fome aft of parliament 
 every two or three years. 
 
 4. Alfo no purchafe made for full and valuable confideration, 
 by and for the fole benefit of any proteflant, fliall be avoided for 
 or by reafon that any deed or will, thro' which the title is derived, 
 hath not been inrolled ; fo as no advantage was taken thereof be- 
 fore the purchafe, and fo as no decree or judgment hath been ob- 
 tained for want of fuch inroUment. 28 G. 2. c.\o. 
 
 XIII. Double taxes. 
 
 By the land tax a<St?, papifts and reputed papifts, being of 18 
 years of age, who fhall not have taken the oaths of allegiance, 
 fupremacy, and abjuration, fliall pay double land tax. 
 
 XIV. Papijls not to come to court. 
 
 I . No popiih recufant convicl fliall come into the court or houfe 
 where the king or his heir apparent fliall be '^un'efs commanded 
 by the king or council) ; on pain of 100/. h«lf to the king, and 
 half to him who fliall difcover and fue for the fame in any court 
 of record* 3 j^. r, 5. / z. 
 
 2. And 
 
31 8 ^OpCt^ 
 
 2. And if any member of either houfe of parliatneht, not ha- 
 ving taken the oaths of allegiance and fupremacyj ahd made atid 
 fubfcribed the declaration againll popery, (hall come into the king's 
 prefence, or the court or houfe where he is (without licence from 
 6x of the privy council), he fliall fufFer as a popifh recufant con- 
 vift, and ihall be difabled to hold any office, or tc vote in either 
 houfe of parliament, or to be plaintiff, guardian, executor, ad- 
 miniftrator, or to take any legacy or gift, and Ihall forfeit 500/. 
 to him who fhall fue. 30 C. 2. 7?. 2. c. i. 
 
 XV. Not to come within ten miles of London. 
 
 T. All popifh recufants who (hall come, dwell, or remain, 
 within the city of London, or within ten miles thereof, Who fhall 
 be indided or convidcd of fuch recufancy, or who fliall forbear 
 going to church to hear divine lervice for 3 months, fhall within 
 ten days after fuch indidment or convidlion, depart from the faid 
 city, and ten miles compafs of the i'amc; and fl-iall alio within the 
 faid time deliver up their names to the lord mayor, if they dwell 
 within the city or liberties thereof; and if they dwell in any other 
 county, within ten miles of the city, they fnall deliver up their 
 names to the next jultice ; on pain of 100/, half to the king, and 
 half to him who Ihall fue. 3 J. r. 5. y! 4. 
 
 2. And for the better difcovering of papifts within ten miles of 
 Lo7:don, every jullice in the neighbouring counties, fhali caufe to 
 be arrefled and brought before him every fuch perfon within the 
 iaid limits, not being a merchant foreigner, as are or are reputed 
 to be papifls (except ambaflndors feivants), and tender to him the 
 declaration againft popery of the 30 C. 2. which if he fhall refufe 
 to make and fubfcribe, and afterwards continue within ten miles 
 of Lo7:do72, he fliall fuffer as a popifh recufant convid. The juftice 
 to certify fuch fubfcription, or refufal, into the king's bench, or 
 to the next quarter fefllons. i 14\ c. g. 
 
 XFl. Papijls confined to their habitations. 
 
 I. Every perfon above 16 years of age, being a popifh recu- 
 fant, and having any certain place of abode, who being convid- 
 cd for not repairing to fonie church, chapel, or ufual place of 
 common prayer to hear divine fervice there, but forbearing the 
 fame contrary to law, fliall within 40 days next after the convic- 
 tion (if he be within the realm, and not hindred by imprifonment, 
 by command of the king or council, or by ficknefs, and in fuch 
 cafe in 20 days after the removal of fuch impediment) repair to 
 his ufual dwelling, and fliall not remove above five miles from 
 thence, unlefs he be licenfed as is Iierein after direfled, on pain of 
 forfeiting his goods, and alfo to the king his lands during life, 
 unlefs they be cuflomary or copyhold, and then to the lord of the 
 manor. 3c; El. c. 2. /. 3, 5. 
 
 And it feemeth that thefe fhall be computed according to the 
 Evglijh manner, allowing 1760 yards to a mile, and that the 
 iamc fhall be reckoned not by ilreight lines, as a bird or arrow 
 
 may 
 
\btpnv^ 319 
 
 may fly ; but according to the nearell and moll ufual way. 1 Haivl 
 
 -5- 
 
 2. Having repaired to their dwelling, they (hall within 20 day» 
 
 notify their coming, and prefent themfelves, and deliver their 
 true names in writing to the niiniiter of the patifli and to the con- 
 ftable, and the uiiniller ihall enter the fame in a book. 3 5 E/, 
 c.z.J.b. 
 
 3. And, after, the minifter and conftable ftiall certify the fame 
 in writing to the next ftffions ; and the clerk of the peace fhall 
 enter the fame in the rolls of the feffions. 35 EL c. 2. /. 7. 
 
 4. But if fuch perfon reftrained fhall be urged by procefs, 
 or be bound to appear in any of the king's courts, or be fent 
 for by the council, or be bound to render his body to the fheriff 
 on proclamation, he (hall incur no penalty for removing for fuch 
 purpofe. 35 E/. c. 2. /. 13, 14. 
 
 5. Alfo, popilh recufants confined to their habitations by the 
 35 EI. mny be licenfed to remove, 
 
 (c) By the king. 
 
 {z) By three or more of the privy council, in writing tinder 
 their hands ; who may give licence to inch recufant to travel out 
 of the conipafs of five m;!es, for fuch time as fhall be contained 
 in the licence, for their travelling, attending, and returning, and 
 without any other caufe 10 be expreffed in the licence. 
 
 (3) If fuch recufant fliail have neceflary occafion or bufinefs ; 
 then, upon licence in writing under the hands and feals of four of 
 the next juftices of the county or place, with the uffent in wri- 
 ting of the bifliop ; or of the lieutenant, or a deputy lieutenant 
 of the county refiding therein, under their hands and feals ; in 
 which licence fhall be fpeciiied both the caufe of the licence, and 
 the time how long the party licenfed fhall be abfent in travelling, 
 attending, and returning : Jn fuch cafe, the perfon fo licenfed 
 may travel about fuch his neceflary bufmefs, and for fuch time as 
 (hall be comprifed in the lice.'ice ; he firit taking oath before the 
 faid four juftices, or any of them, that he hath truly informed 
 them of tiie caufe of his journey, and that he fhall not make any 
 caufelefs (lay. And fuc.^i perfon departing abov e five miles, not 
 having fuch licence, and not having taken fuch oath, fhall incur 
 the penalty of the 35 EJ. abovementioned. 3 y. c. 5. /. 7. 
 
 XFIL Not to inherit^ or take hy devife. 
 
 If any perfon educated in the popifh religion, or profeffmg the 
 fame, ftidll not within fix months after he fhall be 1 8 years of 
 age, take the oaths of allegiance and fupremacy, and fubfcribe 
 the declaration of the 30 C. 2 in the chancery, king's bench, 
 or quarter fellions, he (hall (in refpeft of himfelf, but not of 
 bis heirs) be incapable to inherit or take any lands, by defcent, 
 divife, or limitation; but the next of kin, being a proteflant, 
 Uiall have the fame. \\ ^ \z IF. f . 4. / 4. 
 
 xriiL Shall 
 
^ 
 
 20 ^opttv. 
 
 XFIIL Shall not purchafe. 
 
 1 . Every papift, or perfon making profefllon of the popi(h re- 
 iigion, fhall be difabled to purchafe any lands, or profits out of 
 the fame, in his own name, or in the name of any other to his 
 ufe, or in trull for him ; bat the fame Ihall be void. \\ ^ \zW. 
 c. 4- / 4- 
 
 2. But no fale of any land? for a valuable confidcration by any 
 perfon, being the reputed owner, or in poffeflion of the rents and 
 profits thereof, to be m-K'e to and for a proteftant purchafer, fhall 
 be avoidid on any pretence of difability in the a£l of the 1 1 ^3* 
 I 2 Pr. c. 4. and of the i J. c. 4. incurred by any perfon making 
 fuch fale, or by or through whom the title (hall be derived ; unlefs 
 before fuch fale, the perfon inticled to take advantage of fuch dif- 
 ability, fhall have recovered the lands, or given notice of his claim 
 to the parchafer, or entrcd his claim at the quarter fefTions. 3 G: 
 c. 18. /. 4. But the above flatute of the 11 ij \2 M\ fliall con- 
 tinue, that papilb fhall not purchafe. /. 5'. 
 
 XIX. Shall not prefent to benefices. 
 
 t. A popifli recufant convift (hall be difabled to prefent, or 
 grant any avoidance, to any ecclefiaflical living, or nominate to 
 any free fchool, hofpital, or donative. 3 y. r. 5. /* 18. 
 
 2. And whereas by the i W. c. 15. any two jultices who fhall 
 know or fufpeft or fhall be informed, that any perfon is, or is 
 fufpefted to be a papift, fhall tender to him the declaration of the 
 30 C. 2. and if he fliall not appear before the faid juflices, oa 
 notice to him given by warrant of the faid juftices, or left at his 
 ufual place of abode, or if he fhall refufe to make and fubfcribe 
 the declaration, they fliall certify his name and phce of abode at 
 the next feffiORS to be there recorded by the clerk of the peace i 
 Jt is enaded by the i P''\ c. 26. /] 2. that every perfon fo record- 
 ed, fhall from the time of fuch record, be difabled to prefent or 
 nominate to any benefice, free fchool, hofpital, or donative, as 
 fully as if he were a popilh recufant convifl. 
 
 3. And where any perfon fhail he polfefTed of any right of 
 prefcntation or nomination as aforefaid, in trvj} for any pnpill or 
 fopifh recufant, who flull be convicted or difabled by the 3 7. 
 <-. 5. or by the i li\ c. 26. fuch trultee fhall be difabled to pre- 
 fent or nominate, or to grant any avoidance thereof, i //' c. 26. 
 
 4. Alfo, it ii further cnacled, that every papifl, or perfon ma- 
 king profcfTion of the popifli religion (that is, whether convif;ed 
 by either of the former ads or not) and every child not bein;^ a 
 proteftant, under the age of 21, of every fuch papift or perfon 
 profefiing the popifh religion, and every mortgagee, truftee, or 
 perfon any ways intrufted, diredily or indirectly, by or far any 
 fuch papill or perfon profefiing the popifh religion, cr fuch child 
 as aforefaid, whether fuch truft be declared by vviiting or not, 
 fliail be difabled to prefent or nominate. 12 An, /!. 2. c 14. f. i. 
 
 5. And 
 
^opcrp. 321^ 
 
 c. And the chancellor and fcholars of the univerfity of Oxford 
 (hall prefent and nominate to the fame, in the counties of Oxford, 
 Kint, Middlefcx, Svf'cx, Surrey, Hav:pjhire, BcrkJJnre, Buckirg- 
 hamjhire, Gloucejicrjhirc, WorceferfArc, Stoffordjhire, JVarivick- 
 Jbire, Wilt fire, Somerfetfire, Dtvonfire, Cvrmvall, DcrftfirCf 
 Hereford/hire, Northamftovfire, Pcmbrckrfire, Co.ermarthcnftiref 
 Brecknockjhire, Monmcuthjkire, CardigarfAre, Montgcfncry/hire, 
 the city of London, and other cities and towns wichm the faid 
 counties : 
 
 And the chancellor and fcholars of the univerfity of Cambridge 
 /hall prefent and nominate in the counties of Ef'ex, Hertfrdjoire, 
 Bedfrd/hire, Cr.jnhridgefire, Huntingtonfhire, Suffolk, Norfolk, 
 Lincolnfnre, Rutlatidfire, Leicfjlerjhjte, Dcrhyjhire, Nottingham- 
 fire, Shr op/hire. Chef ire, Lancajhire, Tar k fire, Durham, Nor- 
 thutnhcrland, CutnlerL-nd, IVffmorlnnd, Radnorfire, Denhighj/Arey 
 Flir.tfjire, Carnarnjonfire, Jinglefyfirc, Mericnetlfre, Glamor- 
 gar fire, and the cities and to^vns within the faid counties. 3 J. 
 c. 5. / 19, zo. 
 
 6. And if any truftee, mortgagee, or grantee of an avoidance, 
 fiiall prefent or nominate to any fuch living, free fchool, or ho- 
 fpital, whereof the trufl; fhall be for any recufant convift or dif- 
 abled, without giving notice in writing to the univerfjiy, ii. three 
 months after the avoidarxe (hall happen ; he (hall forfeit 500/. to 
 the univerfity. i IJ\ c. 26. /. 4. 
 
 7. But the chancellors and fcholars (hall not prefent to any fuch 
 ecclefialtical living, any perfon who (hall then have any other be- 
 nefice with cure of fouls ; nor (hall the perfon prefented be abfent 
 from the fame above 60 days in any one year, i W. c. 26. 
 /5,6. 
 
 8. And every ^^r^??^ of an ecdefiaft-.cal living, fchool, hofpital, 
 or donative, by any papiit or trullee for him, (hall be void, unlefs 
 made bona fde for a full and valuable confideration to a proteftant 
 purchafer. And alfo every dt^vif thereof, with intent to fecure 
 the benefit thereof to the heirs or family of fuch papill, (hall be 
 void. 1 1 G. 2. r, 17. / 5. 
 
 XX Shall not teach fchool. 
 
 If any papift (hall keep fchool, or take upon him the educa- 
 tion, or government, or boatding of youth ; he fhall be adjudged 
 to perpetual imprilonment. i\ ij izlV. f. 4. / 3, 5. 
 
 XXL Bifabled as to offices, law, phyf.ck. 
 
 I. No recufant convicl (hall pra6life the common law, as a 
 counfellor, clerk, attorney, or folicitor ; nor (hall praftife the civil 
 law, as advocate or pioflor ; nor pratElife phyfick, nor be an apo- 
 thecary ; nor (hail be a judge, minifter, clerk, or fteward of or 
 in any court, or keep any court, nor (hall be regifter or town 
 clerk, or other minifter or officer in any court ; nor (hall bear any 
 offtce or charge, as captain, lieutenant, corporal, feijeant, ancient 
 bearer, or other o(nce in camp, troop, band, or company of 
 
 Vol n. y foldiers; 
 
J 
 
 2 2 l&OpCtP* 
 
 foldlers ; nor ftiall be captain, mailer, governor, or bear any of- 
 fice of charge of or in any fhip, caftle, or fortrefs ; but be utterly 
 difabled for the fame: and every perfon offending herein, Ihall 
 forfeit I CO /. half to the king, and half to him who fhall fucr. 
 3/. r. 5./8. 
 
 2. And no popifii recufant convict, nor any having a wife be- 
 ing a recufant convii^, fhall exercife any publick office, unlefs 
 fuch hufband, and his children above 9 years old, and his fervants, 
 go to church and conform. 3 y. r. 5. / 9. 
 
 XXII. Not to be executor or adntinijlrator. 
 
 A poplfti recufant convift fhall be difabled to be executor or 
 adminillrator, 3 y. c. 5. / 22. 
 
 XXIII. Not to he guardian. 
 
 A popKh recufant convift {hall not have the cuftody of any 
 child as guardian : but the wardlhip fhall go to the next of kin 
 not being a recufant, to whom the eitate cannot lawfully defcend. 
 2, J. c. 5-/22, 23. 
 
 XXIF. Shall he deemed excommunicate, 
 
 1. Every popiiTi recufant convift fhall fland and be reputed to 
 all intents and purpofes difabled, as a perfon excommunicated, 
 and as if he had been fo denounced by the laws of the realm. 
 37. r. 5. /I I. 
 
 2. And on procefs to the fheriff, for apprehending a popifh re- 
 cufant excommunicated, he may break open a houfe, or raife the 
 power of the county. 3 y, c. 4. /". 35. 
 
 XXV. PopiJJj hapifm. 
 
 Every popifh recufant fhall within one month next after the 
 birth of any child, caufe it to be baptized by a lawful minirter in 
 open church; or if it is infirm, to be baptized by a lawful mini^ 
 fter; on pain of 100/. one third to the king, one third to him 
 who fhall fue, and one third to the poor. 3 y. <". 5 • / 14. 
 
 XXVL Popijh marriage. 
 
 1 . Every man, being a popITh recufant convict, who fliall be; 
 married otherwife than in fome open church or chapel, and other- 
 wife than according to tht orders of the church of England, by a 
 xninifler lawfully authorized, fhall be utterly difabled and excluded 
 to have any ellate of freehold into the lands of his wife, as tenant 
 by the courtefy of E::gland : And if flie have no lands, he flmll 
 forfeit ico/. half to the king, and half to him who fhall fuc. 
 37. c. 5./. 13. 
 
 2. And every woman, being a popifh recufant convift, who 
 fhall be married in other form than as aforefaid, fiiall be utterly 
 
 excluded 
 
#open>. 323 
 
 excluded and difabled, not only to claim any dower dr jointure* 
 but alfo her widow's eftate and frankbank in her hufl^and's cufto'- 
 mary lands, and be difabled to have any part of hia goods 3 /• 
 c. 5./ 13. 
 
 3. But by the z6Q. 2. f. 33. After March 25. 1754, if tney 
 fhall be married any where in England, other than in a chiK: h or 
 publick chapel (nnlcfs by fpecial licence from the arctibilliop 'jf 
 Canterbury ), or without publication of banns, or hcencc, the 
 marriage ftiall be null and void. 
 
 XXVII. Popijh burial 
 
 If any popifti recufant, not being excomi7ii:nicate, (hall be bu- 
 ried in any place, other than the chirch or churchyard, or not 
 according to the ecclefiaftical laws ; the executors or adnuniftrators 
 of every fuch perfon fo buried, (hall forfeit /.o/. one rtiird to the 
 king, one third to the informer or him who Ihall fue, and one third 
 to the poor. 3 J. c. 5./ 15. 
 
 XXVIIL Arnwur. 
 
 1. Any two juftices, whs (hall know or fafpeft, or fhall be in- 
 formed, that any perfon is or is fufpeded to be a papift, nwy and 
 ihall tender to him the declaration in the act of tlie 30 C 2. and 
 if he Ihall not appear, after notice by war'^art under iiand and 
 feal given to him, or left at his ufua! place o\ abode: or uvA\ not 
 make and fubfcribe the declaration; he llii! be difabled to have 
 or keep in his houfe or elfewhere, or ii» «n' poficiTion of an ■ c^nef 
 to his ufe, any arms, gunpowder or ammuni ion, excepc fuch 
 weapons as (hall be allowed by the felTions for ihe defence oK his 
 houfe or perfon. And any two juiVces may by .va rant aiitnurize 
 in the day time any perfon, with the conftable's alTiH-ancj, co learck 
 fuch perfon's houfe for the fame, and <eize rhem for the ufe of 
 the king. And the faid jaftices fhall deliver the ame m open court 
 at the next fefllons for the ufe aforefaid ; wh-re a .0, they ihall 
 certify the name and place of abode of every perlon fo fubicri- 
 bing, or not fubfL:rib!ng. i JV. <-. 15. / 2, 3, 4. 
 
 2. And notwithftanding the taking away fuch armour, gun^ 
 powder, and munition, the fail popifh ecufant (hall be cnarged 
 with the providing and maintaining of horte, and otr;er air. _.r, 
 and munition, as other fubjeds, according to their fe^er .1 abilities. 
 3 J. c. 5. / 29. 
 
 3. And every fuch perfon, not difcoverirg and dehvering them 
 up to fome juftice in ten days a^ter defa jit in not .-pptari'ig, or not 
 fubfcribing as aforelaid, or hindnng tnc fcizurc, fhail be coi.nm.ttd 
 to gaol by any two jullices for three months, and fhall forfp-f tie 
 arms, and pay treble value of them to tne king, to be apprailed 
 by thejuftices at the next felTions. i ^. r. 15. / 5. 
 
 4. And every other perfon wko (hall conceal, or kno'ving 
 thereof, not difcover to a jailice fuch arms or ammur'tion, or 
 fhall hinder the fei^ing thereof, fhall be committed to gao: ^y two 
 
 Y 2 julhces 
 
324 f^opetv. 
 
 jaftices for three month?, and fhall forfeit to the king the treble 
 value of the arms, i IV. <:. i 5. / 6. 
 
 5. And every perfon who fhall difcover fuch arms or ammuni- 
 tion, fo as they (hall be feized, fliall have a reward equal to the 
 value thereof ordered by the feffions out of the goods of the of- 
 fender, to be levied by dillrefs. i IV. c. 15. /. 7. 
 
 XXIX. Horfes. 
 
 1. Every papifi: making default in not appearing, or not fub- 
 fcribing (as in the former fettion concerning armour 1, fhall not 
 have or keep in his pofleffion, or in the pofi'clnon of any other to 
 his ufe, or at his dilpofition, any horfe above the value of 1; /. to 
 be fold And two julHces may authorize any perfon, with the 
 conftable's affiftance, to feize all fuch horfes for the king's ufe. 
 I W. c. 15. /' 9. 
 
 2. And if any perfon fhall conceal, or affift in concealing, any 
 fuch horfe, he fhall be committed by warrant of two jullices to 
 prifon for three months, and fhall forfeit to the king treble the 
 value of fuch horfe. i W. c. 15. / 10. 
 
 XXX. Popi/b wife. 
 
 1. If any married woman, being a popidi recufant convi£l, 
 fhall not conform in three montlis, fhe fliall be committed to pri- 
 fon, by one of the privy council, or by the bilhop, if fhe be a 
 baronefs; or, if under that degree, by two jullices (i i^.) until 
 file fliall conform, unlefs her hufhand lliall pay to the king for her 
 offence for every month 10/. or elfe the third part of his lands, 
 fo long as fhe ihall continue out of prifon. 7 J. c. 6. / 28. 
 
 2. A wife being a popidi recuiant convidt, her hufband not 
 being fo, fhall forfeit to the king tv.o parts of her jointure and 
 dower, fhall not be executrix or adminiflratrix of her hufband, 
 nor Ihall have any fJiare of his goods and chattels. 3 J. c. 5. 
 
 J' ^°- 
 
 3. But if fhe hath been married (out oi England) otherwife 
 
 than according to the form of the church of England, fhe fhall be 
 dilabled to claim any dower or jointure, or widow's eflate, of her 
 hufband's lands; and iliall have no part of his goods. 3 J. c. 5. 
 /. 13. And a in England, the marriage fhall be void. 26 G. 2. 
 
 XXXI. Heir of a fopifh recufant. 
 
 If the heir of a popifh recufant fhall be under 16, at the death 
 of fuch recufant, and fhall after fuch age become recufant, he 
 ihall be charged with the penalties happening him by reafon of 
 fuch his ancellior's recufancy, until fuch time as he fhall conform. 
 7 J' ^' 4- / 3. 4- 
 
 .Y.VA77. Protejlant 
 
XXXII. Trot eft ant children of papifts. 
 
 If any popifh parent, in order to the compelling his (.hild being 
 a proteltant to change his religion, (hall refufe to allow him a 
 fitting maintenance, tne lord chancellor may make order therein. 
 
 1 1 ^ I z ir. c. 4. / 7. 
 
 XXXIII. Oaths. 
 
 1. By the toleration a6l, if any perfon being required by a 
 juftice of the peace, (hall refufe to take the oaths of allegiance 
 and fupremacy, and to make and (ubfcribe the declaration againft 
 popery of the 30 C 2. he (hall be committed by the faid jultice 
 to prilbn ; and, at the next fe(rions, if he (hall again refufe to 
 make and fubfcribe the faid declaration, he (hall be deemed and 
 fuiter as a popifh recufant convict, f. \i. 
 
 . 2. And by the i C. ft. 2. c. 13. Two juftices may fummon 
 any perfon whom they (hall ihTpedt to be difaifedled, by writing 
 under their hands and feals to appear before them at a time pre- 
 fixed, to take the oaths of allegiance, fupremacy, and abjuration : 
 \vhich fummons (hail be ferveu on fuch perion, or left at his dwel- 
 ling ho'jfe, or ufual place of abode, with one of the family there; 
 and if I'uch perfon (hall neglect or refufe to appear, then, on due 
 proof made upon oath of ferving the faid fummons, they (hall 
 certify the fame to the next fefTions, to be there recorded : And if 
 fuch perfcn (liall neglefc or refufe to appear and take the oaths at 
 the faid fedlons (his name being publickly read at the (irft meeting 
 of" the faid feifions), he (hall be taken and adjudged a popiih recu- 
 fant convid. And the fame (hall be from thence certified by the 
 clerk of the peace, into the chancery, or king's bench, to be 
 there recorded. / 10, 11. 
 
 XXXIV. Minifter to prefent papifts. 
 
 Minifters fhall prefent popiih recufants to the biihop, every year 
 hzioxt June 2^. Cmi. 114. 
 
 XXXV. Recufants conforming. 
 
 i. A recufant conforming fhall be difcharged of the penalties 
 which he might otherwife fultain in refpedt of his recufancy. i "J. 
 
 2. And by the 11 G. 2. c. ly. Papifts conforming to the pro- 
 teftanr religion, and taking the oaths, and fubfcribmg the declara- 
 tion of the 30 C. 2 in the chancery, king's bench, or quarter 
 ftfnons, (to be there recorded,) (hall have their ellates freed of 
 the dilabiliues incurred before fuch conforming. / i, 2, 3, 4. 
 
 3. And a recufant convicted having conformed, (hall at lead 
 once a year receive the facrament in the parilh church, on pain of 
 forfeiting tor the firii year 20 /. for the fecond 40/. and for every 
 ytar after 60/, half to the king, and half to him who fhall fue in 
 
 ¥3 ihe 
 
326 f^operp* 
 
 the courts at Wefimtnjier, or at the afTizes, or feflions. 3 J. c. 4. 
 
 And at the uflions where an indiclment for fuch offence is taken, 
 the juitice-s lliall have power to make pioclamation, by which it 
 Ihall be commanded ihit the body of the offender (hall be rendred 
 to the fheriif, bailitf, or gaoler, before the next fefhons ; And if 
 he fhall not appear of record next lellions, then upon fuch default 
 recordid, he (hall Rand con vi£ltd. / 7. 
 
 And no indittment or other proceeding fhall be reverfed for 
 wa'^t of form, nor by any thing but by dired traverle to the point 
 X)i not receiving the facrament. / 16. 
 
 But the hulband fhall net b;. charged with a penalty for the 
 wife's oft'ence in not receiving the facrament ; nor ihall the wife be 
 chargeable for not receiving during her marriage, f. 40. 
 
 XXXV 1. Ecclefiaftical juri[di5lion. 
 
 It IS generally provided in the foregoing afts, that nothing 
 therei'i fhall take away or abridge the authority or jurifdiftion oF 
 ecclefiaftical cenfures. 
 
 Note ; The oaths and declarations abovementioned, are infcrted 
 at large in the title ^at|jS« 
 
 lE)o(re comitatu^* See ^xu^. 
 
 pQl^mafter^s I . "TV T O perfon fhall be capable of exercifing any employment 
 
 '''4ih. J.^ relating to the poft office, or any branch thereof, or be 
 
 any way concerned in receiving, forting, or delivering of letters, 
 
 before he Ihall have taken the following oath, before a juftice of 
 
 the peace where he refides : 
 
 7 A. B. do fiivear, that I^will not nvittingly, nvilliagly, or knoiv- 
 ingly cpeti, detain, or delay any letter or letters, packet or packets^ 
 nxjhich (hall come into my hands, poixer, or cujiody, by reafon of my 
 employment in or relating to the pojl office ; except by the confent of 
 the ptvfov or perfons to nvhom the fume is or /hall be direSled, or by 
 an exprcfs ivarrant in ^writing under the hand of one of the principal 
 Secretaries of fate far that purpo/e ; or except in fuch cafes, ivhere 
 the partv or parties to ^whom fuch letter or letters, packet or packets 
 fhall he dircSled, or nicho is or are chargeable njoith the payment of 
 the port or ports thereof Jhall refife or negltil to pay the fame, and 
 except fuch letters or packets, as Jhall be returned for nvant cf true 
 direBions, or ^jjhcn the party or parties to ivhom the fame is or Jhall 
 ie direcled, cannot be found: And that I ivill not a/y ivay imiezii 
 
I^oft. 
 
 27 
 
 arty fncb let tar or letters ^ packet or packets ^ as afor^faid. 9 An. 
 C. 10. f. 41. 
 
 And if any pcrfon (hall do any thing contrary to the faid oath, 
 he fhall forfeit 20 /. and his office. /. 40. 
 
 2. And perfons appointed to meafure the poft roads, {hall be Meafurer's oath, 
 fvvorn to perform the fame, according to the beft of their Ikill and 
 judgment, before a juftice of the peace, who Ihall make a ceftifi- 
 
 cate thereof in writing, to be entred in the general poU office, 
 without fee. /. 12. 
 
 3. All fums not exceeding 5 /. that fhall be due from any per- Money for poft- 
 fon for letters, or which fhall be received for the carriage of let- j'S'^.'^^w to oc 
 ters without anfwering the fame to the recaiver general^ fhall be 
 recovered before juflices of the peace in the fame manner as fmall 
 
 tithes : And fuch debt fhall be preferable in payment before any 
 debt to any private perfon. f. 30. 
 
 And the rates or prices for the carriage of letters fhall be ac- 
 cording to the feveral rates and fums following : 
 
 For every fingle letter not above 80 miles from the general poll 
 office, 3 d. Above 80 miles, 4 d. And for every letter directed 
 on board, or from on board any iliip, i d. more. 
 
 Within the limits of the penny poil, i d. (at putting in, and 
 I d. at delivery, 4 G. 2. c. 33.) 
 
 V torn. Edinburgh y Dumfries y Dublin \ X.0 London. 5^. 
 
 From France^ Hcliand, Hamburgh, i o d. 
 
 From Italy, Sicily, Germany, Szvitzerland, Denmark, SnicedeVf 
 and all parts of the North (thro' Holland) i and from Ne-w Tcrk, 
 
 IS. 
 
 From Italy, Sicily, Turkey ; through France, is. 3 </. 
 
 From Spain, Portugal, Jamaica^ Btirbadoes, Antegca, Mont' 
 ferrat, Nevis, St. Chrijiophers, is. 6d. 
 
 And a double letter fhall pay double, and an ounce fhall pay 
 four times the price of a fingle letter. 9 yin. r. 10. f. 6. 
 
 And bills of exchange wrote on the fame piece of paper with 
 a letter, and feveral letters to feveral perfons wrote on the fame 
 piece of paper, fhall pay as fo many diilinft letters. 6 G. c. 21. 
 
 And writs or other proceedings at law, Jnclofed, or writ on ths 
 fame piece of paper with a letter, fhall pay as fo many diflincl let- 
 ters. 26 G. 2. c. \i. f.6. 
 
 But merchants accounts not exceeding one fhect, bills of ex- 
 change, invoices, bills of lading (fent or brought over Tea, 6 G. 
 c. 21. f. 52.) fhall be allowed without rate in the price of the 
 letters, c^ An. c. \q. f. 13. 
 
 But patterns or famples of goods, or pieces of any thing, tho' 
 not paper, inclofed in a letter, or affixed thereto, if under ao 
 ounce weight, fhall pay as a double letter. 266'. 2. c. x"-. 
 
 f-1- 
 
 4. And none but the poftniafter fhall carry letters; on pain of None but the 
 5/. for every olFeace, and 100/. a week bcfides; half to the poft-^iafter to 
 king, and half (with cofls) to him that fhall fue in any court of""^ letters, 
 record. c^An. c. lo. /. 17, 19. 
 
 Y |, Except 
 
328 ^lunmnixt. 
 
 What it is. 
 
 Except letters carried g)-atis by carriers or fliip maders with 
 goods, inflrumcnts out of any court, and letters fent by friends in 
 their journey, or by a fpeciai ineirenger. 9 Jn. c. 10. /.' 2. 
 
 Poiiiiii=b:cnci;* Sec DidicCi^* 
 l^OHUec (for the haii). See CtZik* 
 
 \biu\mmixt. 
 
 I. 'TSR-'^MUNIRE is To called from a word in the writ, 
 JL Pra:mumre fcuirs pr^fatum A. B. quui tunc Jit coram 
 vchU, l5c. where prcemuniie is ufed for p-^7}ioncrc, to warn the 
 perfon to appear, as is diredcd in the liatute of the 27 Ed. 3. 
 c. I. hereafrer following. 1 hji. 129. 
 Power of iuft'ces 2. Notv\i h'landing that framum're is not within the letter of 
 of the peace the commiffion of tne peace, yet inafmuch as it is againil: the 
 therein. peace of the king and of the realm, any juftice of the peace 
 
 may, either on his own knowledge, or the complaint of other?, 
 caufe any peifon to be apprehended for fuch ofFe;,ce; and he may 
 take the examination of the perfon fo appreliehded, and the in- 
 formation of all who can give material evidence againll him, and 
 pat the fame in writing ; and bind over the witneiles to the king's 
 bench or gaol delivery ; and certify his rrocee.iings to the fa,me 
 court to which he fhall bind over fuch informers, z Haiv. 39. 
 Bait's PI. 168. 
 Impeaching 3- By the 27 Et/. 3. c. X . called the ftatute of Provifors, They 
 
 judgments in the who fhall draw any out of the realm in plea, whereof the cogni- 
 king's courts, a zance pertaineth to the king's court, or which do fue in any other 
 pr^munire. court, to defeat or impeath the judgments given in the kmg's 
 
 court, fliall have a day, containing the fp.ice of two months, by 
 warning to be made to them, by the fneriffs or other olticers, to 
 appear to arfwcr in their proper perfons for the contempt : And 
 if they come not at the iaid day in their proper perfon to be at 
 the law, they, their procurators, attornies, executors, notaries, 
 and maintainers, fha!! from that day forth be pat out of the king's 
 protection, and their lands, goods, and chattels forfeit to the king, 
 ard their bodies wherefoever they may be found fliall be taken and 
 impriioned, and rarfomed at the king's will. And upon the fame 
 a writ fl-iall be made, to take them by their bodies, and to feize 
 their goods, lands, and poUcflicns, into tne king's hands. And 
 if it be returned, that ihey be not found, they {hall be put in 
 exigent, ane! outlawed. 
 Suing out foreign 4- -And by the 16 R. 2. c. 5 commonly called the flatute of 
 procefs, a prae- praemunire, and to which the feveral fubfeqiifnt ftatutes do refer t 
 muniie. both thofe who pirfue, or caufe to be puifued, in the court 01 
 
 Rome, or elfewhere, any procefi'es or inllrumentSj or other things 
 
 vvhatlQ^ 
 
^lunmnitt. 329 
 
 whatfoever which touch the king, againft him, his crown and re- 
 gclity, or his realm ; and alfo thofe who fnall bring, receive, no- 
 tify, or execute them ; and their fautors and abettors, fhall be 
 out of the king's proteftion ; and their lands and tenements, goods 
 and chattels, forfeit to the king ; and they fliall be attached by 
 their bodies, if they may be found, and brought before the king 
 and his council, there to anfwer; or procefs flriail be made againlt 
 them by j-r^muaire facias, in manner as it is ordained in other 
 ftatutes of provifors. 
 
 And in thefe two ftatutes, as above recited, are contained the 
 pains and penalties of what is called a p-a?numre. 
 
 5. And lince thel'e adls it hath been adjudged, that a fuit in the Suing for tem- 
 ecclefiaftical court (as for debt) was in cafe of pramimire. And ?°^^^ matters in 
 that a perfon fuing in the ecclefiaftical court, for the forgery of a ^purt'"" prsemu- 
 will, doth incur the danger oi a praemunire ; becaufe the party ^^e. 
 grieved might have his remedy by the common law. Alfo judg- 
 ment againlt the defendant was given in a pramunire, for fuing 
 
 for tithes in the ecclefiaftical court, alledging the fame to be feve- 
 red from the nine parts. 3 hjl. 120, 121. But it feemeth, that 
 a fuit in that court, for a matter which appears not by the libel it 
 felf, but only by the defendant's plea, or other matter fubfequent, 
 to be of temporal cognizance, is not within the flatute ; becaufe 
 it appears not that cither the plaintiff or judge knew it to be fo. 
 I //.,i.u. 51, z,z. 
 
 6. By the 25 //. 8. c. 20. R.efufing to ele6l or confecrate the Refufing to eleft 
 perfon nominated by the king to a bifhoprick, is made a pra- "•■ confecrate a 
 
 bi/hop. 
 munire. ^ 
 
 7. By the 26 U. 8. c. 14. No fuffragan Ihall exercife any ju- SufFragaas ex- 
 rifdiftion, othervvife than by the bifhop's commiffion, on pain of a ceeding their 
 pramur.ire. . co^imiffion. 
 
 8. To delay a fuit, on the ftatute of monopolies, 21 y. c. 3. Delaying a fuit 
 (hall be a fr,£miimr(. / 1 2. moio^lles"^^ "^ 
 
 9. By the ^^ C. z. c. i. To affirm malicioufly or advifedly. Affirming tha* 
 by ip:aking or writing, that both or either houfes of parlia- the parliament 
 nient have a legiflative power without the king, is a pro'- can make laws 
 ^iunire. ' uuhoutthe 
 
 ID. By the 31 C. 2. f. 2. No fubjeft fliall be fent a prifoner s^"„fi^gp,|fo„ers 
 out of the realm, on pain of a pramunire. out of the realm. 
 
 II. By the 6 /n. c. 7. If any perfon (hall malicioufly and di- Affirming that 
 redtly by preaching, teaching, or advifed fpeaking alhrm, that the pretender 
 the pretender hath any right to the crown, or any other perfon ^^"^^ ^"^ ""'S"' ^^ 
 othervvife than as by the ads of parliament, he fliall incur a ptee- 
 munire. 
 
 I 2. The offences above fpecified are fuch as do not fall in w'ith Other prsemu- 
 the other titles of this book. Other offences incurring a pr^mu- "'>■"• 
 nire, are inferted under the titles to which they do more properly 
 belong ; as in the titles, Oaths, GnnpQn.v(^er ; and efpecially in the 
 title Popery, under which there are many offences of this kind, 
 occafioned by the papal incroachments from time to time in this 
 kingdom. 
 
 13. The judgment in pnrmunire is, that the defendant /^fl// ^' J^'^gment m 
 ftqm tjjefic^/orth out of the kingsprotcftion^ find his lands~and tc7ic- pi'^^^unir.;. 
 
 meiitSy 
 
330 ^lumnnitt. 
 
 merits, goods and chattels forfdted to the king, and that his body 
 Jkall remain in pri^n at the kings pleajure. I Inft. 129. 
 
 Out of the king^s proteSion'] So odious was this offence fomierlf, 
 that a man who was attainted of the fame, might have been flain 
 by any one without danger of law : becaufe it was provided by 
 law, that a man might do to him as to the king's enemy, and a 
 man may lawfully kill an enemy : and therefore by the 5 El. c. i . 
 k is enabled , that it fliall not be lawful for any one to flay any 
 perfon attainted in or upon apr^munire. i Inji. 130. 
 
 But he is (o far out of the king's protection, that he is difabled 
 to bring au adion for any injury whatfoever. And no one, know- 
 ing him guilty, can with f^fety give him aid, comfort, or relief. 
 I lujl. I2g, 130. I Hanx). 55. 
 
 And Mr. Hanxikins fays it has been queflioned, whether he hath 
 a right to demand furety of the peace. But Lamhard and Daltony 
 which are the authorities he cites for it, do incline to think that 
 he hath fuch right. Lamhard alledges for it the ftatute of the 
 5 El. abovementioned ; and Dalton afierls it without doubting. 
 Lamb. 80. Dalt. 272. i Hww. 126. 
 
 Lands and tenements forfeited^ Yet tenant in tail fhall only 
 
 forfeit lands during life: for albeit the flatute of the 16 R. 2. f. 5. 
 enadleth, that lands and tenements fnail be forfeited, that muft be 
 underilood of iuch an eftate as he may lawfully forfeit, and that is, 
 during his own life, i Infi. 130. 
 
 Cornjptlcaof H- Attainder in praemunire worketh no corruption of blood, 
 
 Uioasi. 1 InJl. 39 1. 
 
 ^ItitXitmtxit. 
 
 APrefentment is that which the grand jury find and prefent to 
 the court, without any indiQment delivered to them; which 
 is afterwards reduced into the form of an indictment, and in no- 
 thing elfe differs from an indicment. 
 
 There are other preferments of churchwardens, conftables, 
 furveyors of the kighways, and juflices of the peace; all which 
 jnay be feen under their proper titles. 
 
 \Pl\l^\\ anXi p^iToner. Sec cl5aoL 
 
 W\i^m 
 
331 
 
 |g>?ffoti-i)?eafeitt3< 
 
 IT fecmeth that at the common law all prifon breaches werr 
 felonies, if the party were lawfully in cuftody for any caufe 
 whatfoever. z Haiv. 123. 
 
 But by the following ftatute, \»hich is called the ftatute dc fran- 
 gentibus prifonam, the feverity of the common law is moderated ; 
 in the explication of which ftatute, will be contained the whole 
 learning relating to this fubjed. 
 
 The ftatute is this : Concerning frijbners ^vhich break prifon, the 
 king ^cviHetb and commandethy that none that hreaketh prifon Jhall 
 hwue judgment of life or 7nembt-r, for breaking of prifon only, ex- 
 cept the caufe for nvbich he ^vas taken and imprifened did require fuch 
 judgment, if he had bten coni/ici thereupon, according to the la<w and 
 cuflom of the realm. I Ed. 2. ft. 2. 
 
 Concerning prifonen luhich break'\ Therefore if the prifon be 
 broken by a ftranger, and not by the prifoner, or by his procure- 
 ment, this is no felony in the prifoner. HaWs PL 108. 
 
 Which break prifon'] It feems clear, that any f^ace whatfoever, 
 wherein a perion under a lawful arreft for a fuppofed crime, is re- 
 ftrained of his liberty, whether in the ftocks, or ftreet, or in the 
 common gaol, or the houfe of a conftable, or private perfon, is 
 properly a prifn within this ftatute ; for imprifonment is nothing 
 elfe but a reftraint of liberty. 2 Hcnv. 124. 
 
 And therefore this extendeth as well to a prifon in law, as to a 
 •prifon in deed. 2 Inji. 589. 
 
 But there muft be an aflual breaking', for if the door be open 
 and he goes out, it is not felony, but a mifdemeanor only. 2 Infi. 
 589. 2 Haiv. I 25. 
 
 But if the prifon be fired without the privity of the prifoner, 
 he may lawfully break it to favc his life. Hale's PI. 108. 
 
 Alfo it feerns that no breach of prifon will amount to felony, 
 unlefs the prifoner efcape. 2 Huije. 125. 
 
 That none that hreaketh prifon fh all ha've judgment of life or mem- 
 ber'] That is, n"iall be guiky o' felony. But neverthelefs he is ftill 
 punifhable as for a high mifprifion, by fine and imprifonmer.t; for 
 i cannot be thought the meaning of the ftatute, in ordaining that 
 fuch offence; fliall not be puniflied as capital ones, to intend, that 
 they {hall not be punifhed at ail. 2 Hant.', i 28. 
 
 Neverthelefs, by the 3 Ed. i. c. 15. 1 hofe who have broken 
 prifon are not bailable by juftices of the peace; a;id that for tw» 
 reafons : i. Becaufe it carries a prefumption of guilt. And, 2, 
 Becaufe it is a fuperadded offence to the former for which they 
 ftood committed. 2 //.//. 133. 
 
 Except the caufe for •vohich he nvas taken and imprifoned, did re- 
 quire fuch judgnutit] This is to be intended of a lanxful caufe ; 
 and therefore falfe imprifonment is not within this aft. 2 hfi. 
 
 I Imprifon- 
 
332 ^liton-bit^MuQ. 
 
 Imprlfonment is a reftraint of a man's liberty under the cuffody 
 of another, by lawful warrant, indeed, or in law.. Lawful war- 
 rant is, either when the offence appeareth by matter of record, 
 as when the party is taken upon an indiftment ; or when it doth 
 not appear by matter of record, as when a felony is done, and 
 the offender by a lawful mittimus is committed to gaol for the 
 fame : But between thefe two cafes there is a great diverfuy ; for 
 in the firll cafe, whether any felony were committed or no, if the 
 offender be taken by force of a capias, the warrant is lav/ful, and 
 if he break prifon it is felony, altho' no felony were committed ; 
 but in the other cafe, if no felony be done at all, and yet he is 
 committed to prifon for a fuppofed felony, and break prifon, this 
 is no felony, for there is no caufe. z Inft. 590. 
 
 So that the caufe muft be juft, and not feigned, for things 
 feigned require no jjdgment : llius if a man give ano'ler a 
 mortal wound, for waich he is committed to prifon, and breaketh 
 prifon, and the other dieth of the wound within the year, this 
 death hath relation to the rtroke ; but becaufc relations are but 
 fiftions in law, and fidions are not here intended, this prifon- 
 breaking is not felony. 2 Inji. 591. 
 
 So that the offence for which the party was imprifoned, mirft 
 be a capital one at the time of the offence, and not become fuch 
 by a matter fubfequent. 2 Hi^-Tv. 126 
 
 And the caufe muft be expreffed in the mittimus, altho' not fo 
 certainly as in an indidlment, yet with fuch convenient certainty 
 as it may appear judicially that the offence requireth fuch judg- 
 ment ; as, not for felony generally, but for felony in Healing fuch 
 a horfe, and the like. 2 Inft. 591. 
 
 But if the offence for which the party is committed, be fuppofed 
 in the mittimus to be of fuch a nature as requires a capital judg- 
 ment, yet if in the event it be found to be of an inferior nature, 
 and not to require fuch a judgment, it feems difHcult to maintain, 
 that the breaking of the prifon or a commitment for it can be fe- 
 lony ; for the words of the ftatute are, except the caufe for ^Lvhich 
 he luas taken and imprifoned did require fuch judgment j and here it 
 appears, that the offence, which is the caufe of his imprifonment, 
 doth not require fuch a judgment. 2 Ha^. 126. 
 
 But if a man be committed by lawful warrant, (or fufpicion of 
 felony done, if he break prifon, he may be indided for that 
 efcape, albeit the commitment be for fufpicio . of felony, and yet 
 no judgment can be given againll him for fufpicion, but for the 
 felony it felf, whereof he is fufpefled. 2 Inji. 592. 
 
 And iin indidment that fuch a perfon feloninufy broke the prifon 
 generally, is not good ; but it oiight to reheari'e the fpecialty of 
 tfie matter, that he being imprifoned for fach or fuch a felony, 
 broke the prifon. 2 Inji. ^91. 
 
 But if the party be only arrefled for, and in his mittimus 
 charged with a crime which doth not require jadgment of life or 
 member, as petic larceny, or homicidj by felf defence or by mif- 
 adventure, and the offence be in truth no grejter than the mittimus 
 doth fjppofe it to be, ic is clear, from tfie exprefs words of the 
 Hatute, that a breaking of the prifon carjsot a:noant to felony, 
 2 Ha-TM. 126, S'4$ 
 
But jf a felony be made by a fobfequent ftatute, and an of- 
 fender is committed thereupon ; if he breaks prifon, it is felony. 
 For fince all breaches of prifon were felonies by the common law, 
 which is reftrained by this ftatate in refpect only of imprifonment 
 for oiFences not capital ; when an ofrence becomes capital, it is as 
 much out of the benefit of the ftatute, as if it had always beca 
 fo. Ha. P/. loS. 2 Haiu. 126. 
 
 Alio it is faid, that the party may be arraigned for prifon- 
 breaking, before he be convicted of the crime for which he was 
 jmprifoned ; for that it is not material whether he were guilty of 
 fuch crime or not ; for the words of the ftatute are, for ivhkh he 
 IV as taken ard iT?!prjJ'oned. 2 Haw. 127. 
 
 But if he is firft indided and acquitted of the principal felony, 
 he ftiall not be indi(fted for the breach of prifon afterwards ; for 
 it being cleared that he was not guilty of the felony, he is in law 
 as a perlon never committed for felony, and fo his breach of pri- 
 fon is no felony, i H. H. 612. 
 
 But the gaoler ftiall not be punifhed as a felon for the party's 
 breach of prifon, unlefs he voluntarily confented to it ; but it 
 feems to be a negligent efcape in the gaoler, for which he may 
 be punilhed by fine and imprifonment, becaufe there wanted either 
 that due strength in the gaol, or that due vigilance in the gaoler 
 or his officers, that fhould have prevented it : and if gaolers 
 might not be punifhed for this as a negligent efcape, they would 
 be carelefs either to fecure their prifoners, or to retake them that 
 efcape. \ H. H. 601. 
 
 And therefore if a criminal endeavouring to break the gaol, 
 alTault his gaoler, he may be lawfully killed by him in the affray. 
 I Hanu. 71. 
 
 Indidment for prifon-breaking, by efcaping from a 
 conftable. 
 
 TH E jurors for our lord the king upon their oath prefent, 
 that A. C. late of yeoman, conjiable of our faid 
 
 lord the king in and for the tonx:n of in the faid county, on 
 
 the day cf ' in the year of the reign of 
 
 • at '' IV! thin the toicn and conjiableiuick aforefaidf 
 
 in the county afore faid, did take and arreft one A. O. late of 
 labourer, on fufpicion of haloing committed a certain felony, infelo- 
 nioufy taking and carrying anxay one black gelding, the property of 
 
 - • • cf the -value of and thereupon he the faid A. O. 
 
 under the cujicdy cf him the faid A. C. the conjiable aforefaid, 
 "was brought bifore J. P. ef^uire, one of the jufices of our faid 
 lord the king ofjigned to keep the peace in the faid county, and alfa 
 to hear and determine di-xers f Ionics, trefpajfes, and other mif de- 
 meanors ivithin the faid county committed, and he the faid J. P. ^ 
 his ivarrant direSled to the faid A. C. and others, did command the 
 faid A. C. to carry and con-vey the faid A. O. to the gaol of cur 
 faid lord the king at ■ in the county aforefaid, there to he 
 
 fafily kept, until he Jhould be laivfully dilivirsd from thince j by. 
 
 liirtue 
 
 
334 ^lOCttS. 
 
 fviytiie of 'which /aid <wem-rant, he the fmtd k. O. svjeu Ukett and 
 detained hy him the f*id A. C. and as he thtfaidk. C. nuas coH- 
 rueying and carrying him the /aid A, O. to the gaol nfortfoid, after- 
 
 luards, to ivit, en the ■ day of — » in the year afore- 
 
 faidy he the /aid A. O. at — afore/aid in the county aforcfaid, 
 
 fvcith force and arms, did ftlonioujly break aiaay and efcafe from 
 and out of the cujlody of him the fiid A. C. the cotifio.ble afore- 
 faid, again ft the nxiiU of him the /aid A. G. and againj} the peace 
 oj our faid lord the kingy his croivn and dignity. 
 
 Indiftment for breaking out of gaol. 
 
 TH E jurors for our lord the king upon their oath prefmt, 
 that A. O. late of in the county afore/aid, labourer, 
 
 on the ' day of — in the year of the reign of 
 
 ■' ■ at aforefaid in the county afere/aidy ^vas mrrejlcd, 
 
 imprifoned, and detained, in the gaol of our faid lord the king, for 
 a certain felony hy him committed, that is to fay, for the felonioufy 
 
 taking and carrying aivay one black gelding, the property of 
 
 of the 'Value of • — and that he the faid A. O. on the 
 
 day of ' in the year aforefaid, ivith force and arms, the cfcre- 
 
 faid gaol of our faid lord the king at > aforefaid in the county 
 
 aforefaid felonioufy did break, and thereby did efcape from and out 
 of the Jaid gaol, againji the peace of our faid lord the king, his 
 ironxn and dignity. 
 
 pjiaiiegco place. See Eefcue. 
 
 |&?ocef5. 
 
 Proeefs by the »• "O ^ ^'^ commiflioD of the pcace, the juftices in feflions 
 commiffion. J) have power to make and continue procefps upon indiSl- 
 
 ments, againfi the perfons indiQed, until they can be taken, furrendtr 
 themfel-ves, or be outlawoed. 
 Procefs or in- 2. And by the ftatute of the i Ed. 4. c. 2. rndi6lments and 
 diftments taken prefentments taken in the fherifF's tourn, fhall be delivered to the 
 in the tourn. j^g^t feffions, who may award procefs thereupon, in like form as 
 
 if they had been taken before themfelves. 
 
 Procefs by ia- 3- ^^^ ^^^ ^^^^ ^'^"^ i" fcveral cafes in exprefs words direfts 
 
 ftices out of procefs to be made by juftices out of feffions ; and in other cafes 
 
 fefliens. by neceffary implication : as where a fiatute doth give power to 
 
 juftices out of feflions to inquire, hear, and determine, there they 
 
 may make procefs to caufe the party to come and anfwer, other-- 
 
 wife they cannot proceed to hear and determine : and this may 
 
 be either before or after prefentnjent or indiftment as the feveral 
 
 flatutes do require : Before prefentment or indictment it is called 
 
 a -•jarrant ; after prefentment or indictment it is properly called 
 
 frocifi Dalt. c. 1(^3. 
 
 4. Conunonly 
 
^tatttS, 335 
 
 4. Commonly an indiftment, being but an acciifation againft a Prooefs, what, 
 man, is of no force but only to put him to anfwer unto it. And 
 
 hereof all procefs hath the name, becaufe it pncealith or goeth 
 
 out upon formermatter either original or judicial. Lamb. 519. No need of pra- 
 
 5. And it feemeth plain, from the nature of the thing, that eels, if the party 
 there can be no need of procefs, where the defendant is prefent in '* pr^'ent. 
 court, but only where he is abfent. 2 Ha^v. 281. 
 
 6. The procefs ought to be in the name of the king. And if To be In the 
 it iffue from the king's benjch, it ought to be under the telle of ^'"S's "^mc« 
 the chief juftice ; and if it iffue from any other court, there feems 
 
 to be the fame reafon, that it ought to be under the telle of the 
 lirft in the commiffion. 2 Hatv. 283. 
 
 7. Upon an indidlment in fefiions, there muft be i 5 days be- When retum- 
 tween tiie telle and return of the 'venire, but if the entry be by able. 
 confent of parties, the 'venire may be returnable ifninediate, and 
 
 the trial be the fame day. 3 Salk, 371. 
 
 8. Procefs cm an indidment or appeal of death, is one capias, Procefs for fc- 
 and then an exigent : But in cafe of any other felony, then by lony- 
 
 the 25 Ed. 3. f. 14. two capiases, and then an exigent. Hal. 
 PL 209. 2 Hawu. 303. Crotvn Circ. 21. 
 
 9. The ordinary proceffes upon all indictments of trefpafs againft ^ ^° ""*'* 
 the peace, or of other offences againft penal ftatutes, not being 
 
 felony, or a greater offence, are as follows ; Firft, if the offender 
 
 be abfent, a 'venire facias, which is but in nature of a fummons , 
 
 to caufe the party to appear, fhall be awarded, except where 
 
 other procefs is direfted by fome (latute. 2 Haiv. 283. 
 
 Jf it appear by the return to fuch 'venire, that the party hath 
 lands in the county, whereby he may be diftrained, the dijirefs 
 infinite fliall be awarded from time to time, till he do appear ; and 
 by force hereof he ftiall forfeit on every default fo much as the 
 ftieriff fhall return upon him in iffues. But if a nikii be returned 
 on fuch a 'venire, then three capias's, that is a capias, alias, and 
 flurics Ihall iffue. 2 Hww. 283. 
 
 Where the inhabitants of a parilh are indi£led or prefented, the 
 procefs is firft a 'venire, then a dijlringas. Cronvn Circ. 2 1. 
 
 10. By the 21 y. c. 4. by which all popular ailions on penal P''""^' °" '«- 
 ftatutes are reftrained to their proper counties, the like procefs in f°''"'*"o'>5« 
 every popular adlion, bill, plaint, fuit, or information, on a pe- 
 nal ftaxute, before the quarter feffions (or higher courts) fhajl be 
 awarded as in an adion of trefpafs 'vi i^ armis at the commoa 
 
 law. 
 
 And confequently, the procefs in all fuch fuits muft be by at- • 
 
 tachment or pon-e per 'vadios, and after by dijirefs infinite, where 
 by the return t^he party appears to be fufHcient, otherwife by ca- 
 pias. 2 Ha-w. 284. 
 
 11. If a defendant appear to an indidlmect of felony, and af- Procefs on an 
 terwards before iffue joined niake an efcape, cither from his bail, c'«^4'-' 
 
 or from prifon ; the common capias, alias, and pluries fhall be 
 awarded againft him, unlefs there had been an exigent before, in 
 which cafe a new exigent fhall b^ awarded. 2 Ha^u. 285. 
 
 12. The exigent fhall not be aivarded againfi acccffaries, until Procefis agalnlt 
 tke principal fhr^l be attaijjted. 3 5^'. i. r. 14. 2 Ha'iu. 306. a^e^ancs. 
 
 13. By 
 
33^ ^mtts, 
 
 Proceis into a 1 3. By the 8 H. 6. r, I o. 0» itidiSlmcnts for treafon^ ftlony^ 
 
 foreiga county. ^^ trefpajs, agaittji perfotis dijoelling in other counties tha?i nx:here 
 the indiSimtnt is take?/, before any exign^t a<vjarded, prrfenth afttr 
 the Jirji nxrit of capias aivarded atid returned, another ivrit of 
 capias yi'i^// ie aiuarded, dircSled to the jheriff of the county nvhireof 
 the per/on indiili'd luns fuppojed to be conr:e7fcmt by the fnne indid- 
 ment, returnable before the fame juficcs or others be fere njchont 
 he is indicted, at a certain day, containing the fpace of 3 months 
 
 from the date of the fid l/iji nvrit, wchere the counties are holden 
 
 from month to month ; and nxjhere they are holden from 6 nfieeks to 
 6 'weeks, he fall have 4 months, until the return of the fame 
 nvrit : by ivhich ivrit of jecond capias it fbull be commandid to the 
 
 fame periff to take the perfon indiiled by his body, if he can he 
 
 found 'within his baili^wiek, and if he cannot be found iStthin his 
 baili'wick, that the faid fherijf fall make prorlamatinn in tixo coun- 
 ties before the return of the fatne 'vjrit, that he ivhich is fo indiSIcd 
 
 fhall appear before the faidjufices or others, in the county, liberty, 
 or franchife 'where he is indicted, at the day contained in the faid 
 laf 'writ of capias, to anfnver to the king of the felony, trerfin, or 
 irefpafs, xvhereof he is fo indiSled : Jfti r 'which fecond 'writ of 
 capias fo fr'ved and returned, if he 'which is f indiSl:d come not 
 c.t the day of the fame inrit of capias returned, the exigent fhall 
 be a'wardcd. And e'very exigent and outlwujry otl er'wife a'warded 
 or pronounced fhall be 'void. 
 
 And if any fuch indidment fhall be rcmo'ved by certiorari, then 
 before the exigent aivarded, prefntly rfter furh frj} capias re- 
 turned, another ivrit of capias fhall be diredcd as before, returnable 
 hefore the king in his bench. 
 
 But this /hall jjot extend to indldinevts taken in the county of 
 Chefter. 
 
 Alfo if any perfon be indided of felony or treafrn, and at the 
 time of the fame felony or treafn fuppofed 'was con'verf.nt ivith n 
 the county 'whereof the indiSlmetit maketh mention, the like procefs 
 
 fhall be made againf the perfon fo indiBsd, as hath formerly been 
 ufed ; that is, without fending procefs into the other county. 
 
 But t'verv per fen indiBed in the form aforefaid, after he is duly 
 acquit by 'verdtSI, fhall haije an a£lion upon his cafe, againfl the 
 
 procurer cffuch indiSiment ; and if fuch procurer be attainted thereof, 
 the plaintiff fall recover treble damages. Which feemeth to be 
 upon account of the diftance at which he is fuppofed to ]:ve, from 
 the place where he is indided, and confequently his extraordinary 
 trouble in that beiialf. 
 
 D'weUing in other counties'] If the defendant be named of B. 
 and late of C there is no need of any capias to the flieriff of the 
 county where C. lies, becaufe it appears that the defendant is at 
 prefent converfant at B. But if a defendant be named of no 
 certain place at prefent, but only late of B. and late of C. and 
 late of D. being all of them in counties different from that wherein 
 the profecution is commenced, a capias fhall go to the flieriff of 
 every one of thofe counties. 2 Ha'w. 306. 
 
 Shall be 'void] Not Utterly void, but only voidable by writ of 
 error. 2 Haw. 306. Csun.y 
 
^tatttiSl 337 
 
 CotHiy of Chejier] But it may be awarded into the counties 
 toalatine of Lancafier and Durham ; and it feems that it (hall be 
 airefted to, and returned by the chancellor of Lamajlcr, or bi- 
 fliop of Durham : And it hath been faid, that if he will not re- 
 turn it, the exigent may be awarded as well as if he had returned 
 it ; becaufe the court (of the feffions at leaft) cannot compel him 
 to return it, and the profecution might be unreafonably delayed, 
 if the proceedings were to be ftayed till he fliould return it. z 
 Hanxj. 305. Hal. P/. 209, 2 ID. 
 
 Mr. Marronu faith, that by the equity of this flatute, if a per- 
 fon indided in one county is imprifoned in another, the juftices 
 may award an habeas corpus to remove him before themfelves. 
 Lamh. 526. 
 
 14. Concerning the execution of the procefs, it is laid down^Q^e executed 
 as a general rule, that where ever the king is a party to the fuit by the iheriffi 
 (as he certainly is to all informations and indiftments), the pro- 
 cefs ought to be executed by the fherifF himfelf, and not by the 
 
 bailiff of any franchife, whether it have the claufe non omittas or 
 not, and whether the defendant be within a franchife or in the 
 county at large, for the king's prerogative ihall be preferred to 
 any franchife : But it is faid, that this is to be intended only wher« 
 in the grant of the franchife no mention is made of caufes to which 
 the king is a party. 2 Haiv. 284. 
 
 1 5 . And if the party be in an houfe, if the doors be Ihut, and Breaking opea 
 the fheriff (having given notice of his procefs) demand admit- doors. 
 tance, and the doors be not opened, he may break open the doors 
 
 and enter to take the offender, z H. H. zoz. 
 
 1 6. But no perfon, on the lord's day, (hall ferve or caufe to be Procefs on a 
 ferved any writ, procefs, warrant, order, or judgment (except in Sunday, 
 tafes of treafon, felony, or breach of the peace) ; but the fervice 
 
 thereof Ihall be void, and the perfon ferving the fame fhall be liable 
 to anfwer damages to the party grieved, in the fame manner as 
 if he had done it without any writ, procefs, warrant, order, or 
 judgment at all. 29 C. 2. c. 7. / 6. 
 
 17. It feems to be agreed, that every fuit, whether civil or procefs difcontL- 
 criminal, and alfo every procefs in fuch fuit againft jurors, ought nued. 
 
 to be properly continued from day to day, from its commence- 
 ment to its conclufion, without any the leail gap or chafm ; and 
 the fufFering any fuch gap or chafm is properly called a difccnti- 
 nuance ; and the continuing the fuit by improper procefs (as by 
 a capias inftead of a dijlringas), or by giving the parties an ille- 
 gal day, is properly called a mi/continuance; and if the juftices, 
 before whom the matter is depending, do not come on the day to 
 which it is continued, it is faid to be put ^without day, and cannct 
 be revived without a re-fummons or re-attachment. 2 Haiu. 298, 
 300^ 
 
 Now procefs may be difcontinued feveral ways. As, i . Where 
 the fecond is not tefted on the very fame day, on which the firft 
 is returnable. 2. Where there is a feffions intervening between 
 the tefte and the return of a capias, that the defendant may not be 
 imprifoned an unreafonable time. But it is no objedlion to an 
 exigent, that it it not recurnable the next felTionf, becaufe it mull 
 
 Vol. II. Z allow 
 
338 ^iOtttS, 
 
 allow time for five counties to be holden between its teffe and 
 return. 3. Where after iffue or demurrer, the court gives the 
 party a day to a diftart feflions, without making any continuance 
 ' to that immediately following. 4. Where the feffions to which 
 
 the fuit is continued is adjourned, and the fuit is not adjourned 
 accordingly. 5. Where any of the parties are defcribed in any 
 continuance of the fuit, whether on the roll, or by procefs, by a 
 name or addition variant from thofe in the original, tho' only in 
 one letter. 6. Where a 've?iire or dijlrvignizxt iifued, without any 
 award on the roll to warrant them. 2 Hanv. 298, 299. 
 
 And it feems generally to be taken as an undoubted principle. 
 That a difcontinuance by fufFering a total chafm in the proceed- 
 ings, whether on the roll, or in the procefs, by not giving a freili 
 continuance inftantly upon the determinatiori of the precedent, 
 Ihall never be aided by any appearance or pleading over: But it 
 is holden by the greater number of authorities, that if the origi- 
 nal be good, and the defendant prefent in court, he fhall be com- 
 pelled to anfwer to fuch original, let the procefs whereon he came 
 in, or the execution of it, be never fo erroneous or defective, fo 
 that it never were difcontinued ; for the end of procefs is to com- 
 pel an appearance, and the end being ferved, and a legal charge 
 appearing againft the defendant no way difcontinued, the law will 
 not fo far regard a flip in the procefs, as to let the defendant out 
 of court, in order only to have him brought in again in better 
 form. 2 Hanxi. 300. 
 Prccefs ftayed by 1 8. The procefles (as well of capias zs of outlawry) maybe 
 TuttiDg in bail, ftayed by a fupcrfedeas ifTuing from other juftices (out of fefiions) 
 teftifying that the party hath come befc-e cheni, and hath found 
 furefes for his appearance to anivver to the indictment, or to pay 
 his fine. Ddt. r. 193. 
 
 And it feemeth that even any one juftice may bail perfons in- 
 
 did\ed at the feffions, for any otfence under the degree of felony; 
 
 for that the ftatutes relating fpecially to the power of jaflices in 
 
 granting bail, do not in this cafe feem to take away the power, 
 
 which one juftice had before the making of the faid ftatutes. 
 
 2 Ha'VJ. 103. 
 
 Proceis of out- iQ. Judgment of outlawry is given by the coroner, at the fifth 
 
 Idwry. county court, upon the part}''s not appearing to the exigent (which 
 
 is a writ commanding the iherifF to caufe the defendant (ex'igi) 
 
 to be demanded from county court to county court, until he be 
 
 outlawed). And fuch judgment is ent.red thus. Therefore by the 
 
 judgment of the coroner of oar lord the king of the county aforifaid^ 
 
 he it outlanved. 2 Haw. 446. 
 
 Meaning of the 20. The word outla^v (utlaghc) utlagntt-:;, is not from the 
 
 word outlaw. ^^^.^^ ^^^^ y^^^ {xQXO. the faxcn Icgr, which fignifies la^v. And a 
 
 perfon outlawed fignifies one that is out of the protedlion of the 
 
 king, arid out of the aid of the law. 
 
 A woman cm- 21. And a man which is outlawed is called outlawed, but a 
 
 lawed. woman which is outlawed is called waived, and not utlagata ; for 
 
 that women are not fworn in leets or tornes, as men which are 
 
 of the age of 12 or more are; and therefore men may be called 
 
 uthgatif that is, extra legem pofiti, but women are iva'viat^f 
 
 3 that 
 
glottis. 339 
 
 that is, derelin,^, left out or not regarded, becaufe they were not 
 fvvorn to the law : wherein it is to be noted, that of ancient time 
 a man was not faid to be within the law, that was not ("worn to 
 the law, which is intended of the oath of allegiance in the leet. 
 I Inji. 12 2. 
 
 And hence it is, that a man under the age of \ 2 years, cannot 
 be outlawed. i hji. 128. 
 
 22. Procefs of outlawry lies in all indiflments of treafon or p^^ ^,},3f q^., 
 felony, and on all returns of a refcous ; and alfo on all indicl- hwry may be. 
 ments of trefpafs with force and arms ; and it feems probable, 
 
 that it lies on an indi£lment of confpiracy, or deceit, or any other 
 crime of a higher nature than a trelpafs with force and arms ; but 
 not on any indidlment for a crime of an inferior nature. And it 
 feems agreed, that it lies not on any aflion on a fiatute, unlefs it 
 be given by fuch ftatute, either exprefly, as in the cafe of a pra- 
 munirc, or impliedly, as where a recovery is given by an adlion 
 wherein fuch procefs lay before, as on a writ of trefpafs for a for- 
 cible entry, on the 8 H. 6. c. 9. becaufe the ftatute exprefly gives 
 a recovery by fuch writ, and fuch procefs lies in it by the com- 
 mon law. 2 HuRv. 302, 303. 
 
 23. In every aSIion prfonal wherein any exigent (hall be Outlawry pro* 
 awarded out of any court, one writ of proclamation fhall be ^^'^^^^ *^ ^^^ 
 awarded out of the fame court, having day of tefte and return as ^ '°"'* 
 
 the writ of exigent fhall have, diredled and delivered of record to 
 <he (herifF where the defendant dwells ; which writ of proclama- 
 tion fhall contain the effect of the action : And the fherifF fhall 
 make one proclamation in the open county court, and another at 
 the general quarter fefTions where the defendant dwells, and ano- 
 ther a month at leaft before the quinto cxaSii^s, by virtue of the 
 faid writ of exigent, at or near the moft ufual door of the church 
 or chapel where the defendant fhali be dwelling at the time of the 
 exigent awarded, upon a Sunday immediately after divine fervice. 
 31 El. f. 3. 
 
 Alfo, upon ifTuing any exigent out of any of the king's courts, 
 againft any perfon for a criminal matter, before judgment or con- 
 vidion, there fliall alfo ifTue a writ of proclamation, bearing the 
 fame tefte and return, where the perfon in the record of the pro- 
 ceeding is mentioned to inhabit, according to the form of the 
 31 El c. 3. which writ of proclamation fhall be delivered to the 
 fherifF 3 months before the return of the fame, ji^^ ^IV. c. 22. 
 
 /4- 
 
 24. If there are two coroners in a county, or more, one may Return of thf 
 execute the writ, as in cafe of an exigent, but the return muft be outlawry. 
 
 in the name of the coroners. 2 H. H. 56. 
 
 And the return of the outlawry muft be certain : It muft fhew 
 where the county court was held, and in what county ; and muft 
 return the day, and year of the king to every Exadus. 2 H. H. 
 203. 
 
 And alfo the fheriff's name and office muft be fubfcribed to the 
 return of the exigent. 2 H. H. 204. 
 
 25. It is faid, that the juftices in feflions cannot ifTue a f«//<jf Capias utlaga* 
 utlagaiufn, but muft return the record of ihq outlawry into the ^"™« 
 
 Z 2 king's 
 
34° 
 
 #jotefiS. 
 
 ifTuc. 
 
 king's bench, and there procefs of capias utlagatum fliall 
 2 H. H. 52. 
 
 But in 7". 10 J. The opinion of all the court of common pleas 
 was, that if one be outlawed before the juftices of the peace on 
 an indidmenr of felony, they may award a ccpias utlagatum ; and 
 fo was the opinion of Periam chief baron, and all the court of 
 the exchequer : for they that have power to award procefs of out- 
 lawry, have alfo a power to award a capias utlagatum, as incident 
 to their authority and jurifdidion. 1 2 Co. 103. 
 
 26. If a perfon be outlawed at the fuit of one man, all men 
 fhall take advantage of this perlonal difability. i Inji. 128. 
 
 But fuch difability abateth not the writ, but only difableth the 
 pbinrifF, until he obtain a charter of pardon, i hji. 128. 
 
 27. Upon outlawry in treafon or felony, the offender Ihall lofe 
 and forfeit as much as if he had appeared, and judgment had been 
 given againft him, as long as the outlawry is in force. 2 //aw. 
 446. 
 
 28. But the outlawry for a mifdemcanor, doth not inure as a 
 conviftion for the offence, as it doth in cafes of treafon and felo- 
 ny ; but as a convidlion of the contempt for not anfwering, which 
 contempt is therefore puniflied, not by fine as a convidion for 
 the offence, bat by forfeiture of goods and chattels for the con- 
 tempt. K. and Tippin, l JV. 2 Sa!k. 494. 
 
 29. The very iffuing of the exigent, in cafe of treafon or fe- 
 lony, gives to the king the forfeiture of the goods of the party, 
 fro.ni the time of the telle of the writ of exigent : and the forfei- 
 ture by the exigent awarded ftands, altho' the indictment be 
 quafhed, until there be a judgment of reverfal on a writ of error ; 
 becaufe the king's title being of record, muft be avoided by a re- 
 cord. 2 H. H. 204, 205. 
 
 30. And as the award of the exigent gives the forfeiture of 
 the goods, fo the outlaway gives the forfeiture or lofs of the lands 
 
 outlawry, ^^ ^^^ party outlawed, to wit, in cafe of outlawry of treafon his 
 lands are forfeited to the king, of whomfoever they are held j 
 and in cafe of outlawry of felony, to the lord by efcheat, of whom 
 they are immediately holden. 2 H. H. 206. 
 But the outlawry 3' ^^^ '* '""^ ^^ remembred, that the bare judgment of out- 
 muft be firft re- lawry by the coroner, without the return thereof of record, is no 
 attainder, nor gives any efcheat ; but it muft be returned by the 
 fheriff, with the writ of exigi facias, and the return indorfed. 
 2 H. H. 206. Or elfe it muft be removed by certiorari : for 
 the judgment given by the coroner in the county court is not 
 matter of record, that court not being a court of record, i Inji^ 
 288. 
 
 32. And by the outlawry all pe>/ona/ chitteh are vefted in the 
 king by forfeiture ; but rr.?/ chattels, or freehold cftates are not 
 vefted in the king, till after inquifuion found. 3 Salk. 262. 
 
 33. In ancient times no man could have been outlawed but for 
 felony, the puniftiment whereof was death ; and upon this ac- 
 count, an outlawed man was called 'wcolfijhcad, becaufe he might 
 be put to death by any man, as a wolf that hateful beaft might. 
 But in the beginning of the reign of K. Ed. 3. it was refolved 
 
 br 
 
 Confifqnences of 
 
 outlawry I 
 
 For treafon, or 
 felony. 
 
 For an inferior 
 offence. 
 
 Goods forfeited 
 from the time 
 of ifTuing the 
 exigent. 
 
 Lands forfeited 
 from the time 
 
 turned. 
 
 And after inqui- 
 ficion foand. 
 
 Whether it is 
 lawful to kill 
 an outlaw. 
 
floats. 341 
 
 by the judges, for avoiding of inhumanity, and of efFufion of 
 chriftian blood, that it Ihould not be lawful for any man but the 
 Iheriff, having lawful warrant, to put to death any man outlawed, 
 tho' it were for felony ; and if he did, he fhouid undergo fuch 
 pain of death, as if he had killed any other man : and fo the 
 law continueth to this day. i InJ^. 28. 
 
 34. If a man be indided before juftices of the peace, and ^"/^"^°^/2" 
 thereupon outlawed, and is taken and committed to prifon, the ^^[^^^"^ "^* 
 juftices of gaol delivery may award execution of this prifoner ; for f^ns ourhwed 
 they are conftituted to deliver the gaol, 4 /«_/?. 169. Slsi/c's PL be ..-s jjfticei of 
 
 158. zH.H.i^. the peace. 
 
 35. Where clergy is allowable, it fhall be as much allowed to Clergy in cafes 
 one who is outlawed, as to one who is convitSled by verdift or °* outlawry, 
 confefilon. 2 Haiv. 343. 
 
 But a ftatute taking the benefit of clergy from thofe who fhall 
 be found guilty, doth not thereby take it from thofe who are out- 
 lawed. 2 Haiv. 343. 
 
 But by the 3 & 4 W. c. 9. f, 2. 1/ any per/on he imliiied of 
 any offence, for i^htch, by any farmer fiatute, he is txchded from 
 clergy, upon cofniiiiion ; if he jhall he outlwvccd thereupon, he Jhall 
 not have his clergy. 
 
 By any former fatuie'] Hereby it appears, that this extends not 
 to offences made felonies by llatutes fubfequent to this Hatute. 
 2 Hanv. 348. 
 
 36. Where a perfon is outlawed, the defendant may fhew all Pcrfon ootJawed 
 the matter and outlawry returned of record, and c.^Tiand judg- ^^""""^ ^ P^^°" 
 roent if he (hall be anfwered, becaufe he is out of the law, to fue 
 
 an aftion during the time that he is outlawed. 1 Inji, 1 28. 
 
 37. It feems to be a good challenge of a juror, that he is out- Cannot be a j«. 
 lawed, either f©r a criminal matter, or as fome fay, in a perfonal ^'^' 
 
 aftion ; but not a principal challenge, but only to the favour, un- 
 lefs the record of the outlawry be produced. 2 Ha^w. 215,417. 
 
 38. But it feems clear, that outlawry in z perfonal 2,£i\on is not Maybe a wit- 
 a good exception againft a witnefs, as it is againft a juror. 2 Ha^M. ^^^^ 
 
 443- 
 
 39. An outlawed perfon may make a will, and have executors ^^>' ^^^^ * 
 or adminiftrators. Cro.E/.^-^. * 
 
 And an executor may reverfe the outlawry of the teftator, 
 where he was not lawfully outlawed, i Leon. 325. 
 
 40. Outlawry may be reverfed feveral ways ; as by procuricg Revtrfing out- 
 a fuperfedeas and delivering it to the Iherifi before the ^«;«/3 ex- ^*''"y> 
 a8us^ or by fhewing any matter apparent on record which makes 
 
 the outlawry erroneous, as the want of an original, or the orailfion 
 of procefs, or want of form in a writ of proclamation, or a re- 
 turn by a perfon appearing not to be Iheriff, or a variance between 
 the original and exigent or other procefs, or by a mifnomer, or 
 want of addition. 2 Haiv. c. 50. 
 
 41. And upon a writ of error upon an outlawry in felony, the In what cafe tf* 
 party outlawed muft render himfelf in cuftody, and pray the allow- J^"^ ^'^^ ^P' 
 ance of the writ of error in perfon : and if the outlawry be rever- to^iever!^"iu ^ 
 icd, be fhall be put to anfwer the indidment. z H. H, 209. 
 
 Z 3 £uc 
 
342 ^tOttlS. 
 
 But by the 4 y 5 W. c. i8. one outlawed, except for treafon 
 or felony, need not appear in perfon to reverfe an outlawry, but 
 by attorney, z Sa/L 496. 
 Other kinds of 42. 1 here is another kind of procefs out of a court of record, 
 procels. againrt offenders, called attachmejit, which is generally for con- 
 
 tempt ; which belongs to title *llttacl)racnt. 
 
 T he procefs againit ;«/o/-j, may be feen in the title lHut^t 
 And the procels againft 'iKitneJJ'es, in title CtlDcnce, 
 
 Forms of procefs ; and firft of a Venire. 
 
 GEORGE the fccnnd, by the grace of god^ of Great Britain, 
 Fiance, ^?W Ireland, king, defender of the faith, atidfo forth. 
 I0 the Jhtriff of the county^of Weltmorland, greeting. We command 
 youy that y^yU omit not, ly reef on of any liberty in ycur bailiiviik, but 
 that you cauf A. O. cf in your J utd county, yeoman, to come be- 
 fore our jvficcs ajjigmd to keep our peace, and a If to hear and deter- 
 mine di-vers f Ionia, tnfpofjcs, and other mifdmuanors in the f aid 
 
 county committed, at in your faid county, on the • day of 
 
 next enjuiiig, to anfiuer unto us upon certain articles prefented 
 againji him the faid A. O. Jnd hanje you there then this precept , 
 
 Witnefs J. P. and K. P. at the dey (f—r- in the 
 
 —— — year of our reign. 
 
 And upon this Venire, if the defendant be returned fuflicient, 
 and maketh default, then a Dijlringas fliall be awarded, and fo the 
 fame proc'efs irifinite, until he come in: But if a nihil habet be re- 
 turned at the firft, then after the Venire, there (hall go out a Capias^ 
 Alias^ Pluries, and Exigent. Dalt.Sher, 160. 
 
 Form of a Diftringas. 
 
 E O R G E the fecond, by the grace of god, of Great Britain, 
 France, and Ireland, kijig, d fender of the faith, and Jo forth. 
 
 To the Jheriff of the county of greeting. We command you^ 
 
 that you omit not, by reafon of any liberty in your baili^ck, but 
 
 that you enter the fame, ^W diftrain A. O. of in your county, 
 
 yeoman, by all his lands and tenements &C. and that you anfnver for 
 the iffues thereof &:c. and that you hanje his body before our jujlices 
 ajfigned [and fo on, as before in the Venire.'] 
 
 But if a nihil (us hath been faid) be returned at the firft upon the 
 Venire facias ; then a Capias (hall iffue, thus : 
 
 GEORGE the fecond, by the grace of god, of Great Britain, 
 France, aWIrcland, king, defender of the faith, and fo forth: 
 
 To the f.eriff cf the county of greeting. We command you, 
 
 that you omit not, by reafon of any liberty in your baili-wick, but that 
 
 you enter the fame, atidx.2^& A. O. of in your county, yeoman, 
 
 if he Jhall be found in your bailiixick, and him caufe to be fafely kept', 
 fa that you have his body before our juf ices afjjgned to keep our peace, 
 and c'fo to hear and determine di'vers felonies, trefpaffes, and other 
 mifdtmeanors in the faid county committed^ at " ■ . in ycur county^ 
 
^mttS' 343 
 
 ^fi the • ' ■ day if- J'^xt enfuing, to atifiver unto us con- 
 
 cerning di^irs trefpajfts, contempts, and offences, of nvhich he is in- 
 diBed. And haw you there then this ivrit. IVitnrfs J. P. and K. P. 
 
 at the day of in the year of our reign. 
 
 At vjhich day A. S. knight, Jheriff of the county aforefaid, re- 
 turned that he is not found in his baili'vjick, and he did not come. 
 Therefore it is commanded as before. 
 
 Note ; The caufe why the entry is made, a^id he did not come^ 
 is, becaufe the party may appear volaniarily, and fo avoid the at- 
 tachment or arrelting of his body. 
 t 
 
 The Alias Capias. 
 
 GEORGE To the JJseriff • We command you, as nvt 
 before command, d you, that you omit not (as before.) 
 
 u'lt njohich day — - — (as before) ; and he did not come. Therefore it 
 is comma7ided to the per iff , as it hath been often commanded. Sec. 
 
 The Pluries Capias. 
 
 GEORGE tifc. To the Jheriff i^fc. We command you, as <we 
 ha-ue often commanded you, that you omit not (as before.) 
 At 'Ujhich day A« S. knight, the Jheriff aforefaid, returned, that 
 the cforefaid A. O. is not found in his bailiivick, and he did not come. 
 Therefore it is commanded, that you caufe to be demanded ^c. 
 
 The Exigent. 
 
 GEORGE ^c. To the Jheriff ^c. greeting. We command 
 you, that you caufe A. O. of in your county, yeo- 
 man, to be demanded, until, by the laiv and cufom of our king- 
 dom of England, he be outlaix:ed, if he Jhall not appear ; and if 
 he Jhall appear, that then you take him, and caufe him to be 
 fafely kept, Jo that you hanje his body before our jujiices afjigned 
 to keep our peace, and alfo to hear and determine di'uers felonies, 
 trcj'paffes, and other mifdemeanors in your fa id county committed, 
 at the general quarter fejfjons of the peace of your county next 
 
 after the feaji of next eifuing to be held, ivherefocver in 
 
 the fame county it Jhall happen to be holden^ to anfiver unto us 
 of di"jers trefpafjes, contetnpts, and offences, of njuhich he is in- 
 dited. And haije you there then this ivrit, Witnefs Sir J. P. 
 
 baronet at ■ in the faid county, the day of 
 
 in the • year of our reign. 
 
 At nfjhich day A. S. knight, Jheriff of the county aforefaid, 
 
 returned, that at the county holden at the ———day o f 
 
 in the >~-year of the reign of our lord the king that nonxj is, 
 
 and Jo at four other counties then next follo^wing, there holden, 
 the aforefaid A. O. njoas demanded, and did. not appear. Therefore^ 
 by the judgment of the coroner of our faid lord the king, in the county 
 aforefaid, he luas outlaixed. 
 
 Z 4 The 
 
J+4 PlOttU, 
 
 The Capias Utlagatum. 
 
 GE O R G E ^f . To the Jheriff^c. greeting. We eommani 
 you, that you omit not, by reafon of any liberty in your county^ 
 
 but that you take A. O. late of — — in your county, labourer, if 
 
 he Jhall be found njcithin your county, and him caufe fafely to be kept, 
 (o that you hai'e his body before the keepers (f our peace and our ju- 
 ^ices ajigned to hear and determine dinxrs felonies, trefpaffes, and 
 
 other mifdimeanors in your county committed, at the • 
 
 day of——— to Jiand right in oar court before our jufices aforefaid^ 
 upon a certain outlanxjry again/} him the faid A. O. promulged, at 
 ourfuit, for certain fehnics (or trefpaffes) ^whereof he ijoas conviSed 
 the ■ d'jy of And ha've you then there this iL'rit, 
 
 Witnefs ^c. 
 
 P?ofanencfi5» See Xlafpljemp. 
 
 IF any perfon (hall advifedly and direftly advance, publHh, and 
 fet forth by writing, printing, finging, or any other operi 
 fpeech or deed, any fond, fantaftical, or falfe prophecy, upon or 
 by the occafion of any arms, fields, beafts, badges, or fuch other 
 like things accuilomed in arms, cognizances, or fignets, or upon 
 or by reafon of any time, year, or day, name, bloodfhed, or 
 war, to the intent thereby to make any rebellion, infurreclion, 
 diffention, lofs of life, or other dii^urbance in the realm ; and 
 fhall be convided thereof before a judge of alTize, or juftice of 
 the peace, within fix months after the offence committed, he fhall 
 for the firft ofi^ence be imprifoned for a year, and forfeit lo /. and 
 for the fecond offence, fliall be imprifoned for life, and forfeit his 
 goods : half the forfeitures to the king, and half to him vyho fhall 
 fue for them in any court of record. ^ El. c. 15. 
 
 Mr. Barlcuj thinks that the carrying of white rofes on the tenth 
 of June, comes within the purview of this ftatute. 
 
 l??atcnaiit Diirentets. See DiffentctS). 
 
 rmpugnerscfthc I. "I'Mpugners of the book of common prayer, of the 39 arti- 
 
 ntes of the J[ cles, of the rites and ceremonies of the church of England, 
 
 tiiurc . ^f jj^g epifcopal government of the church, or of the form of 
 
 ordering and confecrating archbifhops and bifliops, ihall be ipfi 
 
 faiio 
 
l^tlblt'tU »)0?fl)l'p. 345 
 
 faElo excommunicated, and not reftored but upon repentance, 
 and publitk recantation. Can. 4, 5, 6, 7, 8. 
 
 2. If any perfon fhall fpeak unrevertfntly of the facrament Speaking ine- 
 of the lord's fupper, he fliall fuffer imprilbnmcnt, and malcQ f^^^^t, 
 fine and ranfom at the king's will. And three jullices (i Q^) 
 
 inay take information by the oaths of two witnefles ; and after- 
 wards, at the feffions, may inquire thereof by the oaths of 1 2 men 
 upon indi£lment. And they Ihall, at the felTions where the offender 
 fhall be indided, direct a writ to the bifliop to appear by himfelf 
 or deputy at the uial. But no perfon fhall be molefled, but 
 within three monihs after the offence committed, i Ed. 6. c.\. 
 
 3. All perfons, having no lawful or reafonable excufe to be Penalty of ta d. 
 abfert, fliall refort to their parifh church or chapel, or upon rea- a Sunday for not 
 fonable let thereof, to fome ufual place where divine fervice fhall '?'°'^^v"^ ^° 
 
 be performed, according to the liturgy and pradice of the church 
 of England, upon every Sunday and holiday ; on pain of punifh- 
 ment by the cenfures .of the church, or of forfeiting i /. for every 
 offence to the poor, to be levied by the churchwardens by di- 
 ftrefs. I 1^1. c. 2. /. 14, 24. Except difTsnters qualified by the 
 aft of toleration. 1 M\ c. 18. 
 
 And he who is abfent from his own parifh church, fhall be put 
 to prove where he went to church, i //«ac. 13. 
 
 And any juftice of the peace, on proof unto him made (in one 
 month after default in coming to church on Sun.-iays) by confeffion, 
 or oath of witnefs, may call the party before him ; and if he fhall 
 pot make a fufhcient excufe, and due proof thereof, to the juftice's 
 fatisfadlion, fuch juftice may give warrant to the churchwarden 
 to levy I 2 d. to the ufe of the poor, by diftrefs. For want of 
 diftrefs, commitment till paid. 3 J. c 4. / 27, 28. 
 
 4. Every perfon above the age of 16 years, who fhall not re- P^^^'^y ^^ *®'* 
 pair to fome church, chapel, or ufual place of common prayer, * ^°!^|,'^'^"'** 
 being ccnvifted thereof before the judges of alTize, or juftices in church, 
 feffions, fhall forfeit 20/. a month, ©ne third to the king, one 
 
 third to the maintenance of the poor ©f the parifli, and of the 
 houfes of correftion, and of impotent and maimed foldiers, as the 
 lord treafurer, chancellor, and chief baron of the exchequer fhall 
 order, and one third to him who fhall fue in any court of record. 
 If not paid in 3 months after judgment, he ihall be imprifoned till 
 he pay, or conform himfelf to go to church. 23 El. c. 1. / 5, 
 8, 1 1. 29 EL c. 6. / 7. 
 
 And this penalty of 20 /. a month difpenfeth not with the for- 
 feiture of 12 d. 2 Sunday ; for both may well fland together ; and 
 the 12/ is immediately forfeited upon the abfence of each par- 
 ticular day. I Haiu. 13. 
 
 And every offender in not repairing to divine fervice, having 
 being once convided (and not conforming) fhall pay 20/. a month 
 into the exchequer, in the term of EaJ^er or Michaelmas which 
 fhall be next after fuch convidion ; and alfo fhall, without any 
 other indiftment or conviction, for every month after fuch con- 
 viftion, fo long as he fhall not conform, pay into the exchequer in 
 every Eajier and Michutlfnas term, as much as (hall then remain 
 unpaid, after fuch rate of 20 /. a month : And if default fhall be 
 
 made 
 
346 iSttbllCft IbDifljip* 
 
 made in any part of fuch paymcnf, ti;e king nriay by procefs ou* 
 of the exchequer, feize all the goods, and two parts of the land, 
 of fuch offender. 29 El. c 6. /. 3, 4, 5, 0. 3 J. c. 4. / 8, 9. 
 
 Or the king may re^fe the 20/, a month, tho' it be duly ten- 
 dred, and feize two parts of the lands at his opcion. 3 y. c. 4. 
 /. II. 
 
 But copyhold lands are not within thefe ftatutes, in refpeft of 
 the prejudice which would accrue to the lord, by the lols of his 
 fervices. i Ha-xu. 14. 
 
 And every perfon who Ihall ufually on Sundays have in his 
 houfe divine fervice as eltablilhcd by law, and be thereat himfelf 
 ufually prefent, and (hall four times a year go to the pariOi church 
 or other common church or chapel, (hall not incur any penalty 
 for not repairing to church. 23 EI. c. i. /. 12. 
 
 And this alfo (hall not extend to qualilied proteftant di(renters. 
 iW. c. 18. 
 Penalty for har- 5. Every perfon who (Iiall retain in his fervice, or (hall relieve, 
 bouring a recu- keep, or harbour in his houfe any fervant, fojourner, or ftranger 
 • who (hall not repair to church, but (hall forbear for a month to- 
 
 gether, not having reafonable excuie, (hall forfeit 10/ for every 
 month he (hali continue in his houfe fuch perfon fo forbearing. 
 And the jullicss in feffions may determine the fame. 3 J. c. 4. 
 
 / 32, 33. 36- 
 Recufant d!f- 6. No recufant convidl (hall praflife law or phyfitk, nor (hall 
 
 abkdastooffi- be judge Or minifter of any court, or bear any military o(fice by 
 "*• land or fea ; and (hall forfeit for every offence 100/. And (hall 
 
 alfo be difabled to be executor, adminilkator, or guardian. 3 J. 
 c. 5. / 8, 22. 
 Recufant con- 7- A recufant conforming himfelf (hall be difcharged of all 
 forming. penalties, which he might otherwife fuftain by reafon of his re- 
 
 cufancy. i 7. c. 4. /. 2. 
 
 Poblick worfliip 8. All commanders, captains, and officers at fea, fhall caufe 
 
 in the navy. jj^g publick worfhip of almighty god, according to the liturgy of 
 
 the church of England, to be performed in their refpedlive (hips : 
 
 And prayers and preachings by the chaplains (hall be performed 
 
 diligently. 22 G. 2. c. 33. art. i. 
 
 Qaalification of 9 No perfon (hall be received as a ledurer, or allovved to 
 
 leSurers. preach or read any lefture or fermon, without licence from the 
 
 bifliop, and a(renting to the 39 articles, and reading the common 
 
 prayer before his (irit fermon, and on the (irft lefture day of every 
 
 month ; on pain of three months imprifonment, for every offence, 
 
 by two juftices of the peace on certi(icate from the bifliop of the 
 
 offence committed. i3yi4C.2. r. 4. y! 19, 20, 21. 
 
 Difturbers of lo. By the I Mar. Jcjf. 2. c. 3. If any, perfon (hall difturb a 
 
 pubhck worfliip. ^;-^«c-;^f;- ;■« i,/jy"^rw5» by word or deed, he (hall be apprehended 
 
 and carried before a julHce of the peace, who fliall commit him 
 
 to fafe cuftody, and within fi>: days, he and anothei juflice (hall 
 
 examine the faft, and if they iind him guilty by two witneffes, 
 
 or confeffion, they fiiall commit him to gaol for three months, and 
 
 further to the next feffions ; and if at the feffions he repents, and 
 
 is reconciled, he (hall be difcharged on finding fureties for his good 
 
 behaviour for a yearj if not, he fiiall be Qontinuedia gaol til! he 
 
 doesi 
 
|^ttl)l(Cfe »)0?fl)l'p. 347 
 
 does ; faving the ecclefiaftical jurifdiflion ; and he fhall not be pu- 
 nirtied both ways. 
 
 And this Ibtute, tho' made in queen Mary*s reign, extendcth 
 to the divine fervice now eftablifhed. Cod. 372. 
 
 And by the i Ar. r. 18. / 18. If any perfon (hall willingly 
 and of purpofe, come into any church, chapel, or other congrega- 
 tion permitted hy the aSI of toleration, and difquiet or difturb the 
 fame, or mifufe any preacher or teacher; he Jhall, on proof there- 
 of before one juftice, by two witneffes, find two fureties to be 
 bound by recognizance in 50/. and in default thereof fhall be 
 committed till the next fefTions, and on convidlion there of the 
 faid offence, he fhall forfeit to the king 20 /. 
 
 But it fhall be lawful for all men, as well in churches, chapels, 
 oratories, as other places, to ufe openly any pfalms or prayer 
 taken out of the bible, at any due time, not letting or omitting 
 thereby the fervice. zi^ -i^ Ed. 6. c. \. f. j. 
 
 And the court of king's bench refufed to grant a certiorari, to 
 remove an indiftment at the felTions, for a perfon not behaving 
 himfelf modellly and reverently at the church, during divine 
 fervice ; which akho' punifhable by eccleiiaflical cenfures, yet 
 the court conceived it a proper caufe within cognizance of the 
 juftices of the peace, i Keb. 491. And this was before the above- 
 mentioned liatute of the 1 If. c. 1 8, 
 
 II. No clergyman fhall be arrefted in any cliurch or church- Arrefting a cler- 
 yard, whilft he attends to divine fervice ; on pain of the imprifon B.y'"=»" attending 
 ment of the offender, and ranl'om at the king's will, and gree to '^'"* ervice. 
 the party arrefied. 50 Ed. 3. c. 5. \ R. 2. c. 15. 
 
 But the arreft notwithflanding, if not on a Su?iday, is good in 
 Jaw. Wat Jon 636. 
 
 I. A Nciently the king's court was fupplied with neceffaries Abufes of pnr- 
 
 l\ from the ancient demefnes of the crown ; and in refped ^'^y°"* 
 thereof, the tenants of thofe lands had many privileges, which 
 they flill enjoy : But this method being found to be trouble- 
 fome and inconvenient, was by degrees difufed ; and afterwards 
 the king was wont to appoint certain officers to buy-in provifions 
 for his houfhold, who were called purveyors, and claimed many 
 privileges by the prerogative of the crown. 2 Lift. 542. i Hanxi. 
 114. 
 
 2. The feveral laws which reftrained the exorbitancies of thefe Purveyance 
 purveyors, make up a pretty large title in the old books ; but tal«ii away. 
 thefe laws proving ineffeftual to remedy the evil complained of, 
 at length by the ftatute of the 12 C. 2. c. 24. purveyance was 
 intirely taken away : ^y which it is enaded, that no fum of mo- 
 ney, or other thing, fhall be taken for any provifion, carriages, 
 or purveyance fgrths king ; 
 
 r ■ ' And 
 
348 ^m\)tvo;s. 
 
 And that nO perfon, under colour of purveyance, fhall take 
 ?ny timber, fuel, cattle, corn, grain, malt, hay, ftraw, vidual, 
 cart, carriage, or other thing, without confent of the owner j 
 nor fhall require any to furnilh any horfes, oxen, or other 
 cattle, carts, ploughs, wains, or other carriages, for the ufc of 
 the l?ing, or his houfhold, without the owner's confent : 
 
 On pain of being committed to gaol, by a juftice of the 
 peace and the conftable, until the next feflions, to be there 
 jndifded ; and ^Ko of paying to the party treble damages, ani 
 treble coHs, on an adlion at law. 
 
 Uttafteirs!. 
 
 SO far as quakers arc concerned in the aft of toleration, 
 amongft other proteftant diflenters, fee title 3DiCfentcr0. 
 For quakers tithes, fee title Citl)eG, 
 For quakers oaths, fee title £)atl)6» 
 
 £Duarentine» Sec piagiic* 
 
 /. TFbat it is. 
 
 II. Evidence on an indictment of rape. 
 
 III. Punijhment of rape. 
 
 IV. Principal and accejfary. 
 
 I. What it is. 
 
 Rape, what. ' • T) APE is, when a man hath carnal knowledge of a wo- 
 XX. °'^"» by force, and againft her will. 2 Injl. 180. 
 
 I Hutu. 108. 
 Child under 10. ^' ^^^°> ^^ ^"X Perfon (hall unlawfully and carnally know, 
 
 and abufe any wonrnn child, under the age of ten years, whether 
 
 with her confent or againft it, he fhall be guilty of felony without 
 
 benefit of clergy. 1 8 EL e. 7. 
 Confenting at 3. The offence of rape is no way mitigated, by (hewing that 
 
 laft. the woman at laft yielded to the violence, if fuch her confent was 
 
 forced by fear of death, or of durefs. i Haiv. 1 08. 
 RavilWnga com- 4- A^^°' '^ '^ "°^ * fufficient excufe in ihe ravifher, to prove, 
 non ftxumpet. that the woman is 3 common (trumpet ; for (he is ftill under the 
 
 protetflion of the law, and may not be forced. 1 Hanv. io8. 
 
 5. Nor 
 
aaape< 
 
 349 
 
 c. Nor is It any excufe, that (he confented after the faft. Confen*irig after 
 iHaiv.lC^. ^ _ '»^*^'''^^- 
 
 And by the 6 R. z. c. 6. When any woman is ravilhcd, and 
 afterwards doth confent to the raviiher ; they fiiall both of them 
 be difab-'i to have any ii-.heritcnce, dower, or joint fiofFment, 
 but the ncxc of blood Ihall enter. And the next of r.in to the 
 woman raviihed may have an appeal againfl: the raviiher, not- 
 withftanding fuch confent j and the defendant ftiall not be received 
 to wag? battel. 
 
 6. It is faid by Mr. Daltcn, that if a woman at the time of Woman nvi/hcJ 
 the fuppofed rape do conceive with child by the rav; "her, this is "'i"''"«a» 
 no rape; for (he fays) a woman cannot conceive exctpt ilie doth 
 confent. And this he hath from Stamford, and Britton, and Finch. 
 Dalt. c. l6o. 
 
 But Mr. Hatvkins obferves, that this opinion feems very que- 
 ftionable; not only becaufe the previous violence is no way ex- 
 tenuated by fuch a fubfequent confent ; but alfo, becaufe if it were 
 ncceflary to fhew, that the woman did not conceive, the offender 
 could not be tried till fuch time as it might appear whether fhe 
 did or not; and likewife becaufe the philofophy of this notion 
 may be very well doubted of. i Haiv. io8. 
 
 And L. Hak fays, this opinion in Dalt on feems to be no law. 
 
 II. Evidence on an indi5lment of rape. 
 
 1. The party ravifhed may give evidence on oath, and is In The woma-Va 
 law a competent witnefs; but the credibility of her teftimony, °*'^* 
 
 and how far forth (he is to be believed, muft be left to the jury, 
 and is more or lefs credible according to the circumftances of fadl 
 that concur in that teftimony. i H. H. 633. 
 
 2. For inflanee, if the witnefs be of good fame ; if (he pre- Circumftances* 
 fently difcovered the offence, and made purfuit after the offender; favour of it. 
 (hewed circumftances and (igns of the injury, whereof many are 
 
 of that nature, that only women are the moft proper examiners 
 and infpeftors ; if the place, wherein the faft was done, was re- 
 mote from people, inhabitants, or paffengers ; if the offender fled 
 for it : thcfe, and the like, are concurring evidences to give greater 
 probability to her teftimony, when proved by others as well as her 
 felf. i//. i/. 633. 
 
 3. But on the other fide, if (he concealed the injury for any Circumftances im 
 con(iderable time, after (he had opportunity to complain ; if the disfavour of it. 
 place, where the fad was fuppofed to be commined, were near 
 
 to inhabitants or common recourfe or paffage of paffengers, and 
 ihe made no outcry when the faft was fuppofed to be done, when 
 and where it is probable (he might be heard by others ; or if a 
 man prove himfelf to be in another place, or in other company, 
 at the time (he charges him with the fad ; or if (he is wro.ng in 
 the defcription of the place, or fwears the fad to be done in a 
 place where it was impoffible the man could have accefs to her at 
 that time, as if the room was locked up, and the key in the cu- 
 ftody of another perfon: thefe and the like circuml^acccj carry a 
 
 ftrong 
 
350 3Rapc, 
 
 flrong prefumption, that her teftimony is falfe or feigned, i H. H. 
 633. Read. Rape. 
 Cautioni 4. Upon the whole; rape, it is true, is a mod deteftable crime, 
 
 and therefore oaght feverely and impartially to be puniQied with 
 death : but it mull be remembred, that it is an accufatidn eafily to 
 be made, and hard to be proved, and harder to be defended by 
 the party accufed, tho' never fo innocent : Therefore a wife jjry 
 will be cautious upon trials of offences of this nature, that they 
 be not fo much tranfported with indignation at the heinoufnefs of 
 the offence, as to be over hailily carried to the convidion of the 
 perfon accufed thereof, by the confident teilimony, fometimes of 
 malicious and falfe witnefles. i H. H. 635, 636. 
 
 III. PuniJJoment of rape. 
 
 Felony without I . Of old time rape was felony, for which the offender was to 
 benefit of clergy, fuffer death : afterwards the offence was made lelTer, and the pu- 
 nifhment changed from death to the lofs of thofe members whereby 
 he offended ; that is to fay, it was changed to caftration and lofs 
 of his eyes, unlefs (he that was raviihed, before judgment, de- 
 manded him for her hufband. 2 It/ft. 180. 
 
 Then, by the ftatute of the 3 Ed. i. r. 13. it was made a tref- 
 pafs, fubjefting the offender to two years imprifonment, and a 
 £ne at the king's will; and it was again made felony by the 
 II Ed. I. c. 34. and at laft by the 18 El. c 7. was excluded 
 from the benefit of clergy, 
 pardon. 2. And no charter of pardon (liall be allowed for rape, unlefs 
 
 the rape be fpecified therein, 13 /?, 2. Jl. 2. r. i. 
 
 And all rapes are excepted out of the general pardon, of the 
 20 G. 2. c. 52. 
 
 IV. Principal and accejfary. 
 
 Perfons prefent !• ^iv. Haiikins hy$, all who are prefent, and adually affift a 
 aad aiding, are man to commit a rape, may be indifted as principal offenders, 
 principals. whether they be men or women, i Haiv. 108 
 
 And fo, one woman may be a principal to the ravifliment 
 of another. 
 Kot prefent, ac- 2. And L. Hale fays, that by the 18 El. c. 7. the princi- 
 ccffaries, pals in rape are cufted of clergy, whether they be principals 
 
 in the firfl degree, to wit, he that committed the faft ; or 
 principals in the fecond degree, to wit, prefent, aiding, and 
 dbetting : but acceffaries, before and after, have their clergy. 
 1 if. H. 633. 
 
 Ecccffnijnncc* 
 
351 
 
 Bccogm'jante. 
 
 I. 'A Recognizance is a bond of record, tedifying the recog- What it is, 
 
 /\_ nizor ;o owe a certain fum of money to fome other ; 
 and the acknowledging of the fame is to remain of record ; and 
 none can take it but only a judge or officer of record. Dalt. 
 c. i68. 
 
 2. And thefe recognizances, in fome cafes the juftices of the In wnat cafes It 
 peace are enabled to take by the exprefs words of certain ftatutes : ™^y ^ taken. 
 But in other cafes (as for the peace, and good behaviour, and the 
 
 like) it is rather in congruity, and by reafonable intendment of 
 law, than by any exprefs authority given them, either by their 
 commjflion, or by the llatute law. Crom. 125. Dalt. c. 168. 
 
 But wherefoever any ftatute giveth them power to take a bond 
 of any man, or to bind over any man to appear at the aflizes or 
 feflions, or to take furetics for any matter or caufe, they may take 
 a recognizance. Yea, wherefoever they have authority given 
 them to caufe a man to do a thing, there it feemeth they have in 
 congruity power given them to bind the party by recognizance to 
 do it : and if the party fliall refufe to be bound, the juftice may 
 fend him to gaol. Dalt. c. 168. 
 
 But he can take no recognizance but only of fuch matters as 
 concern his office : and if he doth, it feemeth to be void. Dalt. 
 c. 16S. 
 
 3. Every obligation and recognizance, taken by juftices of the The form of it* 
 peace, murt be made io our lord the khig; on pain of imprifon- 
 
 ment of any perfon that fhall take it oihervvife. Dalt. c. 168. 
 
 It mull alio contain the name, place of abode, and trade or 
 calling, both of principal and fureties, and the fums in which they 
 are bound. Barl. Recog. 
 
 And it is moll commonly fubjed to a condition, which is either 
 indorfed, or underwritten, or contained wi'hin the body of it; 
 upon the performance of which the recognizance (hall be void. 
 id. 
 
 4. When the parties are to enter into recognizance, call them Manner of ta* 
 by their names thus : " You A. B. acknowledge to owe to our fo- '""S '^« 
 
 " vereign lord the king, the fum of And you C. D. acknow- 
 
 " ledge to owe to our fovereign lord the king, the fum of ■ ^ 
 
 " To be levied of your refpective goods and chattel", lands and 
 " tenements, for the ufe of our faid lord the king, his heirs and 
 " fuccefibrs, if default (hall be made in the condition following ; 
 " That is to fay, if you the faid J. B. Ihall make default in ap- 
 " pearing ^c."' But the parties need not to fign it. id. 
 
 And it is ufual for the juftices to mark at the foot of the ex- 
 amination, A. B. in 40 /. to appear fffr . And from fuch Ihort 
 note to make out a record afterwards, id. 
 
 Yet the recognizance is a matter of record prefently, fo foon 
 as it is taken and acknowledged, altho' it be not made up. Dalt. 
 c. 168. 
 
 Lord 
 
352 Betosni'sance. 
 
 Lord Coke (i Inji. 260.) fays, that a record is a memorial of" 
 remembrance in rolls of parchment Sec. From whence it feemeth 
 that a recognizance ought to be ingroffed on parchment, perhapi 
 for this reafon, becaufc parchment is more durable than paper ; 
 but fmce there is no law which prohibits it to be ingroffed on pa- 
 per, it feemeth that if it fhall be on paper only, and not on parch- 
 itient, it is good in law. 
 
 And when it is made up, if the juftice fliall only fubfcribe his 
 name, without his feal to it, this is well enough ; and that may be 
 in either of thefe forts, Jcl;noa.vhJged before me J. P. or only to 
 fobfcribe his name thus, J. P. Dak. c. 176. 
 Howtobecer- 5. Thejuftices fhall certify their recognizances for keeping the 
 «fie<. peace, to the next fefiions, that the party may be called ; and if 
 
 he make default, the default ihall be recorded, and the recogni- 
 zance, with the record of the default, fhall be fent and certified 
 into the chancery, king's bench, or exchequer. 3 //. 7. c.\. 
 
 But in cafes of felony, the recognizances are to be certified td 
 the general gaol delivery. 1 & z P. & M. c. 13. 
 
 The conditions of recognizances, in all the variety of cafes, are 
 iiiterfperfed under their proper titles. 
 
 Recognizance with fureties. 
 
 Wcftmorland. "f^ E // rememlrci, that on the -——, day of 
 
 JO ^ in the -~year of the reign of 
 
 eur lord George the fecond of Great Britain, France, and Ireland^ 
 king, defender of the faith, and Jo forth, A. O. 0/ » ■ ■ ?"« 
 
 the county aforefaid, yeoman, and A. S. of in the county 
 
 eiforefaii, toy lor, and B. S. of in the county aforefaid^ 
 
 labourer, perfonally tame before me J. P. efquire, one of the jujiices 
 cf ourfaid lord the king, ajjigned to keep the peace in the faid county^ 
 and ackno'voledged themfel<ves to oive to our faid lord the king j that is 
 to fay, the faid A. O. the f urn cf 2o\. and the faid A. S. and B. S. 
 each the fum of \o\. feparately, of good and laiuful money of Great 
 Britain, to he made and levied of their goods and chattels, lands and 
 tenements refpeBi'vely, to the ufe cf our faid lord the king, his heirs 
 and fucceffors, if the faid A. O. Jhall make default in the condition 
 hereon indorfed [or, here under nioritten^. 
 
 Acknonxiledged before me 
 
 J. P. 
 
 Recognizance without fureties. 
 
 Weftmorland. T^ E it remembred, that on the •■ - ■■ day of 
 
 J^ I in the •■ year of the reign of 
 
 cur lord George the fecond cf Great Britain, France, and Ireland, 
 
 king, defender of the faith, and fo forth, A. O. of in the 
 
 faid county, yeoman, perfonally came before me J. P. efquire, one of 
 
 the jujiices of our faid lord the king, offgned to keep the peace in the 
 
 /aid county, and acknoiMlcdged himfelf to eiL-c to our faid lord the 
 
 4 king. 
 
aacfCUe. 353 
 
 Liw, 10 1. of gocd and la^vful money of Great Britain, to he made 
 and levied of his goods and chattels, lands and tenuncnts, to the ufe 
 of our faid lord the king, his heirs and fucdjjors, if h^ the fuid 
 A. O. /hall fail in the condition unde^'-ivritten [or, indorfd\ 
 J. P. 
 
 The Condition of the abovenx.-ritttn [or, ivithin lisriltai] rccogni- 
 
 Kance is fuch, that if the abovcbound A. O. /hall 'y hen the 
 
 faid recognizance to be (void, or elfe remain in its force. 
 
 KeCUfiintlS* See Popftp, and Ful^U'Ck 
 
 KcGTatcr. See j?o|fffaUrr. 
 
 Eelcafc. See ^,urctp* 
 
 Rent* See Diaref0^ 
 
 I. T> ESCOUS is an ancient French word, coming from what is « 
 
 J\^ f'efcoitrrer, that is, recuperare, to lecovcr ; and iignifies jelcous. 
 a forcible fetting at liberty againft law, a perfon airellcd by the 
 proccfs or courfe of law, i Inf. i6o. 
 
 It feems that it is nereflary, that the refcuer (hould have know- 
 ledge that the perfon is under arrell for a crim/nal ofxence, i( ne 
 be in the cuftody of a private perfon; bL-t if he be in the cuiiody 
 of an officer, there at his peril he is to take notice of it. 2 /- . ti. 
 6o6. 
 
 But it is faid, tiiat to refcue a felon taken on a general warrant, 
 to anfwer what fl".a!l be objected againU him, no caufe being cx- 
 prefled in the warrant, i:, not felony, i li. H. 578. 
 
 Nor unlefs a felouy hath been really done. Hah'^i ^7. i 16. 
 
 2. Altho' a frifon breaker may be arraigned for that clfcnce, When it Aall be 
 before he be arraigned of the crime for which he w-a; itapiifoncd ; tntd. 
 yet he, who rcfcues one imprifooed for felony, cannot, according 
 to the better opinion, be a/raigned for fuch offence as fo. a felony, 
 till the principal offender be attainted ; but he may be immedi- 
 ately proceeded againfl for a mifprifion, if the king pleafes. 
 2 Han.v. 14.0. 
 
 And therefore if the principal die before the attainder, he fhall 
 be fined and icnprifoned. HaWs PI. 116. 
 
 Alio if the principal be found not guilty, or guilty of a crime 
 rot capital, the reicuer ought to be dilchar^^ed of felony, but he 
 may be fined for the mifdemeanor. i H. H. 598, 599, 
 
 3. An indiflment of rfov.s, muft fet forth the nature and caufe Indldmcnt, 
 of the iiiipriibnment, and the fpecial circumftances of the fadl in 
 ^ueltion. 2 Haiv. 140. 
 P Vol H. a a 4. A bin- 
 
354 
 
 PuniflunenC. 
 
 IRefctic* 
 
 Clergy. 
 
 Outlawry. 
 
 4. A hindrance cf a perfon to be arrerted, that has committed 
 felony, is a mifdeir.eanor, bat no felony : But if the party be ar- 
 rerted, and then refcued, if the arrcll was for felony, trie refcuer 
 is a felon; if for trcafon, a traytor; if for trefprfs, fineable. 
 Hale's ?/. I 16. 2 Ha-x::. 140. 
 
 There are alfo fpecial pesialties enr\(fl:ed for refcuing offen- 
 ders agaiiift particular Iktutcs, which belorg not io this general 
 title. 
 
 5. Ahho' the felony for which a man is arrerted, be not with- 
 in clergy J yet the refcuing him is within clergy, i H. H. 599, 
 607. 
 
 6. Upon the return of a refcous, procefs of outlawry fhall if- 
 fue. 2 Ha-ix. 302. 
 
 Indidment for a refcue. 
 
 TH E jurors for our lord the king upan their oath prefent. thai 
 en the day of in the year of the 
 
 reign of J . P. cfquire, one of the juffices of cur /aid lord 
 
 tbt king, ajfgned to keep t^e peace in the faid county, and alfo t9~ 
 bear and determine di'vers felonies, trefpnj/es, and other tnijdemeanort 
 in the faid county committed, did tnake, dir>£t, and dt liver a it:ar' 
 
 rant or precept in I'jriling, to A. C. of in the faid county ^ 
 
 yeoman, conjic.ble of the to^jun cf oforcfdid in the county 
 
 aforefaid; by ivhich faid nvarrant he the J aid A. C, the conftable- 
 cforcfaid, nvas commanded to tr.ke the body of A. O. late of 
 yeoman, and bring avd have him the faid A. O. before the j'aii 
 J. P. to he examined by him the faid J. P. concerning an ajfault 
 faid to have been committed by him the faid A. O. upon A. I. of 
 • yeoman : Which f'.id A. C, the confahle aforefaid, after- 
 
 nvards, that is to fay, on the — — day of in the year 
 
 aforefaid, at - aforefaid, in the county aforefaid, by virtut 
 ef the faid vjarrant, did take and arref him the faid A. O. for 
 the caufe aforefaid, and him the faid A. O. in his cuftody by virtue 
 of the faid nvarrant thc?i ajul there had : And that the faid A. O. 
 late of • aforefaid, in the county aforefaid, yeoman^ and 
 B. O. late of the fame, yeoman, i>sell kno^^ing the faid A. O. 
 fo to be arrefcd as aforefaid, aftervjards, to vcit, on the faitt 
 • ' • day of in the year aforefaid, at • • • afore- 
 
 faid, in the county ofAefiid, auith force and arms, in and upom, 
 the f'.id A . C. the conjlable if ore faid, then and there being in the 
 peace of god and cf our find lord the king, and in the exi cutiott 
 of his faid cff.ce then and there being, did make an aO'ault, an({ 
 i/im the faid A . C. then and there did beat, nvound, and ill treat ^ 
 fi7id that the fmd B. O. him the fiid A. O. out of the cufody/ 
 cf the faid A. C. and againjl the nvill of the faid A. C. then 
 end there v:ith force and arms unlcnxfuUy did re/cue and put him 
 at large to go ^tvhere be luould; and that the faid A. O. him- 
 fflf cut of the cuflcdy of the faid A C. and againjl the veil ef 
 the faid A. C. then and there ivith force and rrms, unhii-fuily 
 did TffuOy and cfcape at large , inhere be nuould goi in contempt 
 3 "S 
 
aaclli'ttttton of ftolen gooiss. 355 
 
 of our faid lord the king and his la<zvs, to the great damage of 
 the faid A. C. to the enjil example cf all" others in the like cafe 
 ojf endings and againji the peace of our faid lord the king, his croivn 
 and dignity. 
 
 THERE are three means of reflitution of goods, for the 
 party from whom they were fiolen ; i. By appeal of rob- 
 bery or larceny. 2. By the Pir.tuce of the 21 //. 8. c. 11. And, 
 3. By coarfe of the common law. i //. H. 538. 
 
 I. Upon an appeal cf rcbhny or larceny. If the party were Rc'^'tution upsa 
 COnvift tliereupon, reftitotion of the goods contained in the ap- '^ »??«»'• 
 peal, was to be made to the appellant j for it is one of the ends of 
 thatfuit. I H, H 538. 
 
 -And hence it is, that if in an appeal of felony or robberv, the 
 appellant omit any of the goods ftolen from him, they are forfeit 
 and confifcate to the king, i H. H. 538. 
 
 And this appeal mult be upon frefh iuit ; and tho' anciently the 
 law was dritt herein, as to the time and manner of the purfuit 
 and apprehending of the felon, yet the law is now more liberal, 
 I H. H. 540. 
 
 For if the felon be taken by any others, as by the IherifF, yet 
 if the party robbed come within a year after, and give notice of 
 the felony, and enter his appeal, this is a frefh f lit, if he ufed 
 his diligence Ihortly after the felony to have taken him. i H. H. 
 
 54°- 
 
 If a felon waive the goods ftolen, without any purfuit after 
 him, thofe goods are not in law waived, nor forfeit to the king 
 or lord of a franchife ; but if he waive them upon a purfuit of 
 him, then they are waived in law, and forfeit to the king or lord 
 of the liberty, i H. H. 541. 
 
 And this forfeiture is not like a dray, where tho' the lord ir.ay 
 feize, yet the party who is the owner may retake them within the 
 year and day; but here the true owner cannot feize his own 
 goods, tho' upon frefh fuit within the year and day. i H. H. 
 541. 
 
 But yet this is not an abfolute lofs of the owner's goods, but 
 rather an expedient, fettled by law, to drive the owner to convidl 
 the fc!on by profecuting his appeal; and therefore if he make frefh 
 fuir, and profecu'e his appeal, and the felon be thereupon convidt 
 or attaint, and the frefh fuit be inquired and found, by verdift or 
 inquef^ of office, he fnall have reflitution of the goods fo waived. 
 iH./y. 54T. 
 
 2. /,>■ the fiatute of 21 H. %. c. ii. Which flatute introduced Re^J'tution by 
 a new law for reflitution; for before this fiatute there was ro re ^^/y^^g'^ '^^ 
 ftitution upon an indictment, but only upon an appeal; Which 
 faid fiatute enacleth as follows; 
 
 Aa 2 . If 
 
3s6 jReftitnti'ott Of ftoUti goons. 
 
 If any ftlon do rch or take a^ivay any man s money or good:, and 
 thereof be indiffcd, and arraigned, and found guilty, or otherivi/e 
 attainted, by reafon c/ evidence gi'ven by the party robbed, or oujner 
 of the money or goods, or by any other by their procurement ; then the 
 farty robbed, or onvner of the goods, Jhall he rcjhred to fuch his 
 fncnej or goods : and as ive// the juflices of gaol deli'very, as other 
 jujlices before n.<:hom the felon Jhall be found guilty, or otherixife at- 
 tainted, may aivard a ivrit of reftitution, in like manner as if the 
 felon <zvere attainted on appeal. 
 
 Found guilty or othu'wife attaint ed'\ By this it feems queftion- 
 able, whether the party be intitlecl to reftitution, upon the defen-. 
 dant's {landing mute; in which cafe he is neither found guitty, nor 
 otherwife attainted. 2 Haiv. 332. 
 
 Or other--v:if attainted] If the owner prefers a bill of indifl- 
 ment, which is found, and the felon flies, and is outlawed, the 
 owner (hall have leAitution ; for he gave evidence upon the in- 
 dictment, which tho' it be not a convi>.'tion, is the ground of the 
 outlawry, which is an attainder, i //.//. 545. 
 
 The party robbed, or civner] Therefore if the fervant be robbed 
 of the mailer's money, or his fervant by his procurement, give 
 evidence, and convicl the felon, the mailer fliall have a writ of 
 reftitution, if it appear upon the indiftment and evidence, that it 
 was the mauer's money; for the ftatute gives reftitution to the 
 party robbed, or owner. 1 H. H. 542. 
 
 Or o'cvncr'] If the teftator is robbed, and the thief is convi(5l 
 Hpon the procurement of the executor ; fuch executor ftiall have 
 reftitution : for this being a beneficial law, ought to be conftrued 
 beneficially, fo as to extend to executors and adminiftrators. 
 3 Inf. 242. 
 
 Shall be reflored'] If goods be ftolen, and not waived in flight, 
 nor feized by the king's oflicers, or lord of the mi;nor, nor fold m 
 open market, the ov.ner may take them again, without any writ 
 ot reftitution, or may bring his at^ion for them ; and this, ahho' 
 he doth not profecute the oftender. 2 Ha^M. 168. Ke-y. 48. 
 
 And by the 31 El. c 12. Where horfs are ftolen, and fold in 
 open market, ar,d the owner claims them again within 6 m.onths, 
 and pays the b.iyer as much as they coft him, he fhall have them 
 agaiji, without profecution. 
 
 But otlierwile, if the goods be waived by the felon in his flight, 
 or in caie they be r.ot waived, yet if they be feized ^^j the king's 
 oflicers, or lord of the manor, as fufpecting thcra to be ftolen ; 
 there the party fliall not have reftitution, uclefs the felon be coa- 
 vidled at his pro.ecution. 2 Ila^o. i68. iviV). 49. 
 
 And m fuch caie, he fli&ll have no more than what is mea- 
 tior.ed in the indictment, tho' other goods v.'ere ftolen at the fame 
 time; and the reafon is, becaufe by fu:h omiluon, the offender 
 Blight have efcaped. Keiy. 49. i H. H. 545. 
 
 To fuch his momv, cr goods'] A man ftole cattle, and fold them 
 in 0! en market ; the ftierift' feized the thief and the money, and 
 ke was convided and iwini^cd at the pro&cuiion ot the own/er of 
 
 the 
 
i 
 
Befirrtttti'on of GoUn sooDS. 357 
 
 the cattle, and he had rcftitution of the money.; for tho' the fla- 
 tute gives power to the juftices to award reditution of the mo//fy 
 or goods J}ole7i, and tho' the money in this cafe was not ftolen, yet 
 becaufe it did arife by dealing, it fliall be within the equity, tho' 
 not in the very words of the Itatute. Noy i 28. 
 
 But it hath been a great queftion, if goods be ftolen, and by 
 the thief fold in a market overt, whether the thief being con- 
 vifted upon the evidence of the party robbed, he fliali have re- 
 flitution upon this rtatute of the thing fold or not, the buyer not 
 being privy to the felony : But Lord Ihilc argues llrongly, that 
 he fhall have reftituiion, notwithllanding the fale in market overt 
 of the goods llolen. i. Becaufe this ad was made to incourage 
 perfons robbed, to purfue malefadors, and therefore they have an 
 aiTurance of reftitution ; and it would be fmall encouragement, if 
 a thief by fale in a market overt, which is every day almolt in 
 every (hop in London, (hould elude it. 2. Becaufe the man that 
 is robbed, is robbed againft his will, and cannot help it ; but the 
 buyer of ftolen goods may chufe whether he will buy, or if he 
 buy, may yet refuie to buy, unlefs well fccured of the property 
 of the goods, or knowing the owner. 1 H. H. 542, 3, 4. 
 2 Haiv. 170. Kely. 48. 
 
 In like mnnntr as if the felon ivcre attainted on afprnl^ And yet, 
 upon this ftatute, if the oftender be convidt upon the evidence of 
 the party robbed, or owner, he ftiall have reftitution, tho' there 
 were no frefh fuit, or any inquiry by inqueft touching the fame ; 
 and this is conftant pradice, tho' in cafe of an appeal it be other- 
 wife. I //.//. 545. 
 
 Yet if it ftiall appear to the court, that the party hath been 
 guilty of grofs negled in profecuting ; it feemeth that in fuch cafe 
 he ftiall not be intitled to reft'itution. 2 Hawo. f 71. 
 
 3. By coiirf: cf the cofiun:?! lazv. If the owner takes h's goods Reftitution by 
 again of the oft'ender, to the intent to favor.r him, or mair tain the com uo.i 
 him, this is unlav/ful, and puniftiyble by fine and imprifonnient ; 
 but if he take them again without any fuch intent, it is no of- 
 fence. I //.//. 546. 
 
 But after tlie felon is convi£led, it can be no colour of crime to 
 take his goods again, where he finds them ; becajle he hath pur- 
 fued the law upon him, and may have his writ of reUitucion, if 
 he pleafe. i H. H. 546. 
 
 Aa 3 Eict, 
 
35^ 
 
 3Siioty tout, ana unlaiDcul aU 
 
 /. IVbai is a riot^ rout, or unlawful aJfemMy. 
 
 II Hoiv the fame may be refirained by a private 
 
 perfon. 
 in. How by a confiable, or other peace' officer. 
 
 IV. How by one jujlice. 
 
 V. How by two juflices. 
 
 VI. How by procefs out of chancery. 
 
 I. What is a riot, rcut, or unlawful affembly. 
 
 WHEN tlree ferfcns cr more Jhall ajfcmhle thcmfdves toge- 
 ther, tviih an inttnt muiaaUy to ojj-ji one o.nother, agai'fi 
 any ivho Jkall cppofe them, in the execution of feme tuterprize oj a 
 prii'ate nature, njcith force or I'iohncc, ogainft the peace, or to the 
 mani/eji terror of the people, lohether the acl inte/Jui ixere of it 
 felf laixful or urAwMfui ; \i they only meet to fuch a puipofe or 
 intent, altho' they fliall after depart of their own accord, witnout 
 doing any thing, this is an unlawful nf'imbly : 
 
 If after their firll meeting, they fhall move forward towards 
 the execution of any fuch ad, whether they put their intended 
 purpofe in execution or not ; this, according to the general opi- 
 nion, is a Rout : 
 
 And if they execute fuch a thing in deed, then it is a Riot. 
 (A.) I Haiu. 155. Dci/t. c. 136. 
 
 Three perjons or more] And therefore if the jury do acquit all 
 but two, and find them guilty, the verdift is void, unlefs they be 
 indided together n.v:th other lioters ur.knoivn, becaufe it finds them 
 guilty of an offence, whereof it is impofTibie that they fhould be 
 guilty ; for there can be no riot, where there are not more per- 
 fons than two. 2 Haiv. 441. 
 
 And infants under the age of difcretion are not perfons within 
 this defcription, punifhable as rioters, i Ha^jj. i 59. 
 
 Note; In i Hatv. 156, 157, 158, the words more than three 
 ferfns are three times over inferted inflead of three per/ons or more\ 
 which is only remarked as an inftance, that in a variety of matter, 
 it i^ impoifible for the mind of man to be always equally at- 
 tentive. 
 
 j^Jfmhh ihcmftlves together] It feems agreed, that jf a number 
 of perfons being met together at a fair, 01 marker, or church ale^ 
 or on any other lawful and innocent occafion, happen on a fudden 
 quarrel to fall togeiher by the ears, they a.e not guihy of a riot, 
 but of a fudden affray only, of which none arc guilty but thofe 
 
 who 
 
p 
 
 I 
 
3ia!0t, rout, &c. 359 
 
 who a filially engage in it; bec^afe the defign of their meeting 
 tvab liii.octsijt aiiQ idivttil, and the fub!e<j'jent breach of rhe peace 
 happened unexpeiflecly, without any previous intention cor.cem- 
 ingit: Yet it is faid, that if penbns innocently allembled toge- 
 ther, do afterwards upon a difpute happening to aiiie among 
 them, form themfelves into parties, with proni;fes of mutual af- 
 fillance, and then malce an aiFray, they are guilty of a riot; be- 
 caufe upon their confederaimg togetner wirh an intention to 
 break tne peace, they may ^s pro}.erly be iaid to be aiTeaibled 
 together for that purpofe from the time of fuch confederacy, 
 as if their firlt coming together had been on i'uch a dcfign. 
 I Hatv. 156. 
 
 In the execution ''f f»'S ffi/erfrize of a private nature^ It feems 
 agreed, that the ift},uiy or grievance complained of, and intended 
 to be revenged or remeoied by luch an aU'embly, mult relate to 
 fome private quarrel only ; as the inclofing of laiids, in which the 
 inhabitants of a town claim a right ui common, or gai.,ing the 
 poflefiion of tenements the tirle thereof is in difpute, or fuch like 
 matters relating to the interert: or diipures of particular peifon*, 
 and no way coacerning the publick ; for wherever the intention of 
 fuch an aflembly is to redrel^ publick grievances, as to pall down 
 all inclofures in general, or reform religion, aid the liiie, it is 
 high trealon. i tia^j:. 157. 
 
 Againjl the peace, or to the t-'rror of the people"] It feems to be 
 clearly agreed, that in every riot there mull be fome fuch circum- 
 ftances, either of adual force or violence, or at leaft of an ap- 
 parent tendency thereto, a; are natu-ally apt to ftrike a terror into 
 the people ; as the Ihew of armour, threatning fpeeches, or tur- 
 bulent geflures ; for every fuch offence mute be laid to be done to 
 the terror of the people : And from hence it clearly follows, that 
 afTembles at wjkes, or other feftival times, or meetings for exer- 
 cifc of common fports or diverliom, as bull baiting, wreftling, 
 and fuch like, are not riotous, i Ha-ix. 157. 
 
 And from the fame ground alfo it feems to follow, that it is pof- 
 ftble for three perfons or mere to affemble together with an inten- 
 tion to execute a wrongful aft, and alfo aclually to perform their 
 intended enterprize, without being rioters; as if a man aUcmble a 
 meet company, to carry away a piece of timber or other thing, 
 whereto he pretends a right, that cannot be carried without a great; 
 number, if the number be not moie than are needful for fuch pur- 
 pofe, altho' another man hath better right to the thing fo carried 
 away, and that this act be wrong and unlawful; yet it is of it ielf 
 no riot, except there be withal threatning words ufed, or other 
 diflurbance of the peace. Dalt. c. 137. i Ha-v. 157. 
 
 Much more may any perfon, in a peaceable manner, aflemble 
 a meet company, to do any lawful tiling, or to remove or caft 
 down any common nufance : Thus every private man, to whoie 
 houfe or land any nufance (hall be erecled, made, or done, may 
 in peaceable manner ailemble a meet company, with neceliary 
 tools, an<i may remove, pull, or call: dov.'n fuch nufance, and 
 that, before any prejudice received thereby ; and for that purpole, 
 
 A a 4 U' 
 
36o aatOt, tout. Sec. 
 
 if need be, may alfo enter into the other man's ground. Thus a 
 man ereiled a near crofs a common river, where people have a 
 common paiTage with their boats, and divers did affcmble, with 
 Ipades, crows of iron, and other things necefiary to remove the 
 faid wear, as.d make a trench in his land that did ereft the wear, 
 to turn the water, fo as they might the better take up the faid 
 wear, and they did remove the fame nufance ; tnis was holden 
 neither any forcible eniry, nor yet any riot. D^^/t. c 137. 
 
 But in the cafes aforefaid, if in ;emoving any fuch nufance, the 
 per(or.s fo aflembled Oiall ufe any threatning words (as to fay, they 
 will GO it tho' they die for it, or fnch like words) or Ihall ufe any 
 other beliav our, in apparent dillurbance of the peace, then it 
 feeme'h to be a riot; anu therefore where there is caufe to remove 
 any li:ch nufance, or to do any like aft, it is the fafeft not to af- 
 fembie any multitude of people, but only to fend one or two per- 
 fons, or if a greater number, yet no more than are needful, and 
 only with meet tools, to re.^^ove, pull, or cad down the fame, 
 and that fuch perfons tend their bufmefs.only, without diflurbance 
 of the peace, or threatning fpceches. Dalt. c. 137. 
 
 Wh thcr the aB inttnikd nxiere of it,felf lainful or unlaivful^ 
 It hath been generally holden, that it is no way material, whether 
 the ai*^ intended to be done by fuch an affembly, be of it felf law- 
 ful or unlav.fal j from whence it follows, that if three or more per- 
 _ fons affilt a man to make a forcible entry into lands, to which one 
 of them has a good right of entry, or if- the like number in a 
 violent arid tiuaukaous manner join togethet in removing a nu- 
 fance, or other thing which may lawfully be done in a peaceful 
 manner, they are at. properly rioters, as if the a6t intended to be 
 done by them were never fo unlawful, i Huu:. 158. 
 
 //. Ho^v the fame may he refiraimd hy a private 
 perfon. 
 
 By the common law, any private perfon may lawfully endea- 
 vour to fupprefs a riot, by (laying thofe whom he fliall fee engaged 
 therein, from executing their purpofe, and alfo by flopping others 
 whom he fhall fee commg to join them, i Haiv. i 59. 
 
 ///. IIgiv by a conjiahle or other peace officer. 
 
 By the common law, t!ie IherifF, conftable, and other peace of- 
 ficers, may and o'lghc to do all that in them lies, towards the fup- 
 prefung of a riot, and may command all othtr perfons to aliiil 
 therein. \ Hu^a;. 159. 
 
 IV. How by one jitjlice. 
 
 By the 34^^- 3. c. i. The jt'Jlicn of the peace /hall have 
 pciL'cr. to rfjlrain rifters, and to amjl and (hijltfe. them acfordheg 
 io th.ir ':_^encc ; etna caufs them to be imirtfomd and duly punijhed, 
 
 accordivg 
 
a^tot, tout, &c. 361 
 
 according to the la^v and cujlom of the realm, and according to that 
 luhich to them Jhall feem brji to do, by their dijcretions and good ad- 
 njifement. 
 
 And this ftatate hath been liberally conftrued for the advance- 
 ment of juftice; for it hath been refolved, that if a juftice find 
 perfons riotoufly afiembled, he alone, without Haying for his com- 
 panions, hath not only power to arreft the oftenders, and bind 
 them to their good behaviour, or imprifon them if they do not 
 ofrcr good bailj but that he may alfo authorize others to arreft 
 them, by a bare verbal command, without other warrant ; and 
 that by force thereof, the perfons fo commanded may purfue and 
 arrell the offenders, in his abfence, as well as prefence. Alfo it 
 is faid, that after a riot is over, any one jullice may fend his war- 
 rant, to arreft any perfon who was concerned in rt, and alfo that 
 he may fend him to gaol, till he fhall find fureties for his good be- 
 haviour. I t^anu. 160. 
 
 But it feems to be agreed, that no one juftice hath any power by 
 force of this ftatute, either to record a riot upon his own view, or 
 to take an inqiiifinon thereof after it is over: Alfo if one juftice, 
 proceeding upon this fta.tute, ftiall arreft an innocent perfon as a 
 rioter, ic leemeth that he is liable to an adion of trefpafs, and that 
 the party arrefted may i'lilify the rel'cuing hin-jfelf, becaufe no fingie 
 juftice is by this ftatiiie made a judge of the faid offence. But if a 
 riot fliail be commiueU by pcrlons a.iiicd in an unufual manner, 
 contrary to the ftacute of Northafnpton, z td. 3. c. 3. and any one 
 juftice acting ex o£uio, in purfance of the faid ftatute, feize the 
 armour, and impnfon the offender, ana make a record of the 
 whole matter, fuch a record cannot be traverfed, becaufe it is made 
 by one acling in a judicial cspacity. And for the fame reafon, if 
 a jullice proceeding on the ftatute of the i^ /?. 2. againft forcible 
 entries and detainers, fh.Ul upon his own view record a riot, which 
 Jhall be committed in the making of any fuch forcible entry or de- 
 tainer, a riot fo recorded cannot be traverfed. Alfo if a jullice 
 adling as a judge by any ftatute whatsoever impowering him fo to 
 do, make a record upon his view of a riot committed in his pre- 
 fence, fuch record fliall not be traverfed ; for the law gives fuch an 
 uncontroulable credit to all matters of record, made by any judge 
 of record as fuch, that it will never admit of an averment againft 
 the truth thereof i Havj. 160. 
 
 But if the rioters are above the number of \z, the offence i? 
 greatly inhanfcd, and the power of one juftice very much inlarged, 
 by the adt commonly called the riot aft, i G. fl. 2. c. 5. wh ch is 
 required to be read at every quarter feflions and leet: By which it 
 is enaded. That every jullice, flieriff, under fheriff", and mayor, 
 fhall on notice or knowledge of any unlawful, riotous, and tumul- 
 tuous aiiembly of perfons to the number of i 2 ot more, together 
 with fuch help as ne ihall command, refort to the place. /. 2, 3. 
 
 Whereupon he ftiali, amongft the rioters, or as near to them as 
 he can fafeiy co.rne, with a loud voice command, or caufe to be 
 commanded, filence to be, while proclamation is making ; and 
 after that, ihall openly and with loud voice make or caule to be 
 made proclamation in chefe words, or like ia effcd : 
 i ; I Cur 
 
362 3X(0t^ tout. Sec. 
 
 Our foveretgn lord the ir.'g char^^eth and ccmmandiih all perjhrtl 
 heing cjimblid, immtdintcly ia aiffLrfe thimfelvesy and -peciccably to 
 depart to their habitations, or to ihcir Ic^nx-fiil hujinrj], upon the paint 
 (OKtained in the acl made in the fir jl year of king George 'or prfvent' 
 ing tuyrMlt: and riotcui rj)e7nbh:s : Godfa'vetheiii':g \. 2. 
 
 And if any perfon (hall with force and arrr.5 wilfully oppofe, 
 hinder, or hurt any perfon that fiiail begir, or go to make rhe 
 proclamation, whereby the faniC fliall not be made, he (hall be 
 guilty of felony witl.out benefit of clergy. /. 5. 
 
 And if any 1 2 or more of them (hall continue togetner by the 
 fpace of one hour after fach proclamatiori mace, or after fuch 
 hindrance (having knowledge thereof), they (hall be guilty of 
 felony without benefit of clergy, f. i, 5. 
 
 And every jullice, fheriff, under fherifF, mayor, high and pt^ty 
 coniiable, and orher peace ofRoer, and every other perfon ot .-;;e 
 and ability commanded by chem .0 aflift, (hall appr-heno the 
 offenders, and carry them belors a juluce, to be proceeded againft 
 according to law. And if any noters be killed or hart by any 
 the laid perions in diiperfing or apprehendmg them, by reaion of 
 their refinance, fucb per:ons ihali be indemnified. / 3. 
 
 Alfo, if any rioter; (alttio' under the number of 12, and whe- 
 ther any proclamation be maoe or not) fhall unlawfully and with 
 force demolitli or pull down, any church or chapel, or any build- 
 ing for religious worfliip certified and regiftred according to the 
 acl of toleration, or any dwelling houfe, barn, liable, or other 
 outhoufe, they fliall be guiky of felony, without benefit of clergy. 
 /. 4. And any one juftice may proceed againft ihem, as againft 
 other felons. 
 
 And the hundred, city, or town, fhall anfwer the damages 
 thereof, as in cafes of robbery. / 6. 
 
 Profecutions on tliis aft, to be within 1 2 months after the of- 
 fence. / 8. 
 
 V. How by twojujlices. 
 
 I . If any riot, ajfemhly, or rout cf people, againji the latu. Be 
 made ; the jujiices, three, or iivo of them at the leafi, and the 
 Jheriff, or under Jheri^ff, Jhall come tfjith the power of the county^ 
 if netd be. i 3 H. 4. C. 7 f I . 
 
 And the king's liege peopU-, being fuficient to trai'el, Jhall he 
 fijjjfiant to them, upon reajonable iKiarmng, to ride ^cith them in 
 aid to refift fuch riots, routs, and afeinblies ; on pain of impri-r 
 fonment, and to make fine and ranfom to the king. 2 H. 5. C. 8. 
 f. 2. 
 
 Jf any riot, cjfemhly, or rout of people, againfl the lanv, be madi\ 
 It is faid, that the jafticcs are not only iropowered hereby, to raife 
 the power of the county to afiill them, in fuppreffing a riot which 
 Ihall happen within tneir own view or hearing, but alfo that they 
 may fafely do it upon a credible information given them of a no- 
 torious riot happening at a difiance, whether tnere were any fuch 
 riot in truth or not ; for it may be dongerois for them to Hay 
 
 till 
 
Biot, rottt, &c. 363 
 
 till they can get certain information of the fad : But they fecm 
 to be punifhabJe for alarming the country in this manner, without 
 feme fuch probable ground of their proceeding, as would induce 
 a reafonable man to think it neceffary and convenient. 1 Haiv. 
 161. 
 
 JJemify] It feems clear from hence, that if the juflices in 
 going towards the place where they have heard that there is a 
 riot, fhall meet perfons coming from thence riotoudy arrayed, 
 they may arreft them for being aflembled together in fuch an un- 
 lawful manner, and alfo make a record thereof; for the ftatute 
 extends to all other unlawful afiemblies whatfoever as well as to 
 riots. I Hail). 161. 
 
 The king's liege people] Except women, clergymen, perfons de- 
 crepit, and infants under the age of fifteen, i Hazv. 161. 
 
 7o reftji fuch riots] And alfo to arreft the rioters, and condufl: 
 them to prifon. 1 Haiv. 161. 
 
 2. And Jhall arr.Ji them. I 3 H. 4. c. 7. f. I. 
 
 And if they fhall efcape, they may take them on a frefli pur- 
 fuit J but they cannot at another time award any procefs againft 
 them on the record, but oughi to fend the record into the king's 
 bench, that procefs may iilue thereon from thense : Yet there 
 feems to be no doubt, but that they may arreft them for their 
 trefpafs on the aforefaid ftatute of the 34 Ed. 3. in order to com- 
 pel them to find fureties for their good behaviour, i Haiv. * 
 162. 
 
 3. j^d the fame jujiices and Jheriff, or under JheriJ , /hall ha-je 
 t(yuier to record ( B ) that ixjhich they Jhall jind fo done in their 
 trefence againji the laiv : by <vchich record the offenders Jhall be 
 eonviSl in the fame manner and form as is contained in the Jiatute 
 of forcible entries. ( C) 13 f/. 4. cj. f. l. 
 
 Shall have ponxser to record] And this they may do, whether 
 the offenders be in cuftody at the fame time, or have efcaped. 
 I HanM. 161. 
 
 Shall be conviff] And it feemeth to be certain, that the record 
 pf a riot, exprefly mentioned to have happened within the view 
 of the juftices by whom it is recorded, is a conviflion of fo great 
 authority, that it can no vvay be traverfed, however little ground 
 pi truth there might be to affirm, that any riot at all was com- 
 mitted, or however innocent the parties may be of the fadt re- 
 corded againft them. 1 Ha-w. 162. 
 
 However it feemeth clear, that if in fuch a record of a riot it 
 be contained, thar the party was guilty therein of a felony, or 
 maim, or refcous, the party fhall be concluded thereby as to the 
 riot oiily, and not as to any of the other matters ; becaufe the 
 jultices have by this ftatute a judicial authority over no other of- 
 fences, except riQts, rPuts, and unlawful afiemblies. i Hanu. 
 l6z. 
 
 And inafmuch as fuch a record is a final convi(Sion of the par- 
 |jeS| as to ail fuch mauers as are prpperiy contained in it, it ought 
 
 to 
 
3^4 3SiiOt, tout, &c. 
 
 to be certain both as to the time and place of the offence, and the 
 number of pcrfons concerned therein, and the feveral kinds of 
 weapons made ufe of by them, and all other circuraftanceo of the 
 faft ; for fince the parties are concluded from denying the truth 
 of -Lch a record, and have no other remedy to defend themfelves 
 againli ir, but only by advantage of the infufficiency of what is 
 contained in i^ they may j'lftly demand the benefit of excepting 
 to it, if it do not expreily fhew, both that they are guilty within 
 the meaning of the llatute, and alfo how far they are guilty, and 
 that the ii:Uic-3 have purfued the power given them by the faid 
 ftatutes : and from the fame ground it feems alfo to follow, that 
 'Cuch a record may be excepted againft, if it do not appear to 
 have been made by the (herifF or under fticriff in concurrence 
 with the juftices. i Ha-u. i6z. 
 
 And this record ough*: to remain with one of the juflices, and 
 fhall not be left amoiiglt the records of the feffions, it being made 
 out of feffiotis, and not appointed to be certified thither. Da/f. 
 c. Sz. 
 
 In the fams manner and form as is contained in the JIatute of 
 forcible ct.triis'] That i?, the ftatute of the 15 J?. 2. c. z. And 
 hereupon it is faid, that the offenders being under the arrefl of 
 the jullices, and alfo convicted by a record of heir offenca, ought 
 immediately to be committed to gaol by the fame juflices, till 
 they fhall make fine and ranfom to the king ; which can be af- 
 >. fefl'ed by no other juflices of the peace, except thofe by whom the 
 
 record of the offence was made, i Hg-^v. \6z. 
 
 And this fine, Mr. Dalton fay5, the jufticrs fhall caufe to be 
 eflrcated into the exchequer, that fo it may be levied to the king's 
 ufe; and then they are to deliver the offenders again. Dnlt. .82. 
 
 But Mr. Han.'jkins fays, that it hath been queflioned, whether 
 the juflices can fafely difmifs the offenders upon their paying fuch 
 a fine as fhall be impofed upon ttiem, without fome judgment for 
 their imprifonment as well as fine ; becaufe it is enaded by the 
 2 H. 5. c. %. that fuch rioters attainted of great and heinous 
 riots, fhall have one whole year's imprifonment at the leaft, with- 
 out being let out of prifon by bail or mainprize ; and that the 
 rioters attain:ed of petty riots, fhail have imprifonment as belt 
 fhall f'eem to the king or to his council, i Hcn^:. 164. 
 
 4. And if the offcndirs te d ^a>t,d before the cotn:i:g cf the faid 
 juflices and Jlcrifi' or undir Jkcriff, the f me juflices^ three, or tit' 
 of them, fell diligtntly inquire ( D ) -.xithin a month after fuch 
 rict, afcmhly, or rout of peofle fo made, and thereof Jhall hear 
 and determine according to the laiv of the land. I 3 H. 4. c. 7. 
 f. I. 
 
 The fame ju/lices'] It is genTa'ly faid, that any juflices of the 
 county may take fuch an inquiry, whether they dvvell near the 
 place where the riot happened, or at a difl.ince, or whether they 
 went to view the riot or not ; for the ftatute ought to be con- 
 ftrued as largely as the words will bear, in favour of the juflices 
 ■power in the fupprefhng of fuch riots ; and therefore thofe words 
 in the ilatute that the j^.me juf.ices jhail inq^uire, ought to be thus 
 v(. expounded. 
 
3Xiot, rout, &c. 365 
 
 expounded, that the fame juRices who were before Lmpowered to 
 raife the pofTe, fliall inquire, and that is, any jailiccs in the coun- 
 ty. I Haiv. 163. 
 
 Sha/J diligently inquire] That is, by a jury : In order to which, 
 it is enafted by the 19 H. 7. c. 13. that the fheriff, on their pre- 
 cept directed to him, fhall, on pain of 20/. return 24 pcrfons, 
 whereof every of them Ihall have lands and tenements within the 
 fhire, to the yearly value of 20 j. of charter land or freehold, 
 or 26 s. %d. of copyhold, or of both, over and above all charges : 
 And he fhall return upon every juror in iffues, at the firft day 20 /. 
 and at the fecond 40 i. 
 
 Note ; Charter land had its name from a particular form in the 
 charter or deed, which ever fmce the reign of H. 8. hath been 
 difufed. I LiJ!. 6. 
 
 ■ Ifli/jin a month'] That is, if they do not make inquiry within 
 a month, they are punifliable for the negleiS ; yet they may in- 
 quire after the month : for the lapfe of a month doth not deter- 
 mine their authority, but only fubjecls them to a penalty. 2 SalL 
 
 593- 
 
 Shall hear and determine according to the laiv of the land] And 
 therefore they may award procefs under their own telle, againit 
 thofe who fhall be indifted before them of any of the offences 
 abovementioned, according to the form of this llatute ; and alfo 
 may award the like procefs for the trial of a travetfe of fuch an 
 inquifition ; and do all other things in relation thereunto, which 
 are of courfe incident to all courts of record, i Haiv. 163. 
 
 And the riot being fo found by inquifition, the juftices mull 
 make a record thereof in writing of fuch their inquiry or pre- 
 fentment found before them ; which record alfo is to remain with 
 one of the jullices. Dalt. c. 82. 
 
 5. And if the truth cannot he found in the maimer as is afore- 
 faid, then ^within a tnonth then next follaiving, the jujliccs, three^ 
 or tiVQ of them, and the Jhcriff or imdir ferijf, Jhall certify before 
 the king and his council, dll the deed and circnmftances thereof \ 
 ijihich certificate Jhall be of like force as the prefntment of 1 2 
 tnen ; uton ivhich certificate the offenders fijall be put to anfiver, 
 and fiyall be piinifind according to the dijcretion of the king and his 
 council. I 3 H. 4. c. 7. f. 2. 
 
 And if they do tra--verfe the matter fo certified, the certificate and 
 trwvirfc fijall be fint into the king s htnch to he tried, id. f. 3. 
 
 A7id ij the offence be not found, by reafon of any maintenance or 
 embracery of the jurors, then the fame juftices and Jherif or tind r 
 Jheriff Jhall in the fame certificate certify the names of the main- 
 tainers and embracers, ivith their mi [demeanor i. 19 H. 7. c. 13, 
 
 Shall certiff] And it feemeth certain, that fuch certificate, be- 
 ing in nature of an indiftmeat at the cooimon law, ought to com- 
 prehend the certainty of time, place, and perfons, and other ma- 
 terial circumltancee, both of the rioL and maintenance, i Hcnv. 
 165. 
 
 Before 
 
366 3Kll'0t, tOntj occ. 
 
 Bffore the h'ng and his council'^ It fecms clear, by the council 
 being here diftinguiftied both from the chancery and king's bench, 
 that the certificate ought to be made to the privy council board, 
 and not to either of thole courts, which in fome ftatutes relating to 
 judicial proceedings are taken for the king's council, i Haiu. 165. 
 
 6. And the fuid jujiicei and other ojjicen Jhidl execute their offcet 
 afortfaid at the kings cojis, in going and continuing in doing their 
 faid cj^iceSy by payment thereof to be maiL b\ the Ji^eriff by indentures 
 ietivixt the faid fheriff and jujiices, and other ojj.cers afortfaid^ 
 nuhereof the fheriff upon his account in the exchequer fhall ha've due 
 ai/o'jve,nce. 2 H. 5. c. 8. 
 
 In order to the defraying of which, the faid ftatute direfts the 
 fines of the offenders to be inlarged ; and thereout the fheriiF may 
 pay the charges of the faid juilices ; and of the jury, that is, for 
 their diet ; and the fheriff 's fee-, and the like. Da/t. c. 82. 
 
 7. And the jufi ices divcilii:g nighefl in the county, tohere fuch 
 riot, affemlly, or rout fhall bt, together njuith the fheriff or under 
 Jberiff, fhall do execution of the jaid flatnte cf the 13 H. 4. every 
 
 me upon pain of lOO i. to the king. f. 4, 
 
 Thejufiices dz<:elling nighefll Altho' thefe only are liable to this 
 penalty, yet if any others on notice Ihall negled to fupply their 
 default, they are fineable at difcretion. i Haiv. 166. 
 
 But if any juftices, who do not dwell neareft to the place, do 
 adlually execute the ftatute, they excufe all the reft. 1 Iriaijo. 165. 
 
 DiveL'ing nigkef} in the county'] Therefore if they dwell nigheft, 
 but in another county, they are not in danger of this penalty. 
 I Ha'-i.iJ. 165. 
 
 Shall do execution of the faid flatute'] That is, in the whole, 
 and not in part only; as by recording a riot, and not committing 
 the parties, i Haiu. 166. 
 
 VI. Hew by procefs cut of chancery. 
 
 By the 2 f/. 5. r. 8. If default be fund in the tavo juflices^ 
 fheriff, or urtAer fheriff, then at the infi-^nce of the party grii'Vid, a 
 eommiffion fall be if ucd under the great feal, to irquire as ivcll of 
 the truth of the caf for the conplainant, as of fuch d fault. 
 
 And by the z H. ^. c. g. and ^ H. 6. c 14. Riotirs fhall be 
 taken hy nvrit and proclamation cut cf chancery, on fuggefii^n cf fwt 
 jufices and the fheriff, of the commor. fume of Juch riot. 
 
 A. Indidmer : for a riot. 
 
 Weftmorland. "^ te "^ H E jurors or our lord the king upon their 
 ^ outh prefer , that O. A. lute of the parifh 
 
 cf in the county of yeoman, B. O. late of the Jjime^ 
 
 yeoman, C. O. late of the Jame, jeomun, and di-uers ether ptrfons 
 
 (to the jurors aforefw.d as yet un io\JLn) on the • day of 
 
 in the y^ar of the reigi of at the pnrijh aforejaid^ 
 
 in the county aforefttid^ 'with fret and armsy unlavjfullyy riotoufy, 
 
 and 
 
aaiot, tout, &c. z(>7 
 
 mnd routoujly did ajfemhle and gather together, to dijiurh the peace 
 ef our fetid lord the king ; and fo being then and there aJJ'embled 
 and gathered together, in and upon one A. I. in the peace of gcd 
 and of curfaid lord the king then and there being, unlaivfully, rio- 
 toujiy, and routoufly did make an ajfault, and him the J aid A. f . 
 then and there unlaivfully, riotoufly, and routoufly did heat, nxioundf 
 and ill treat, and other nurongs to the /aid A. I. then and there 
 unlanv fully , riotiufly, and routoufly did; to the gnat damage of the 
 /aid A. I. and againfl the peace of our faid lord the king, his creajvn 
 And dignity. 
 
 B. Record of a riot on view. 
 
 Weftmorland. "T^ E it nmemhred, that on the day of 
 
 B 
 
 the ' • year cf the re^gn of 
 
 «■ We J. P. and K. P. efquires, ttuo of the jufices '>' our 
 
 faid lord the kitig, affigned to keep the peace in the faid county, and 
 A. S. knight, Jheriff of the faid county, at the complcint an re- 
 quefi of A. \. of • • in the county aforej: id, yeoman, in our 
 
 proper per font ha'ue come to the manfion houfe cf him the faid A. I. 
 in - aforffaid, and then and there do find A. O. of • 
 
 yeoman, B. Q. of yeomen, CO. cf ■ yeoman, and 
 
 other malefaSiors and dflurben cf the peace of cur faid lord the 
 king to us unknoivn, to th; number cf 1 1 perfons, in a ^warlike 
 manner arrayed, to ivit, nvith clubs, fivords, and guns unlanvfully^ 
 riotoufy, and routoufy affembled, and the fame houfe befetting, many 
 evils aaainfi him the faid A. I. threatning, to the great diflur- 
 hance of the peace of cur faid lord the king, and terror of his 
 people, and againfi the form cf the fiatute in that cafe made and 
 pro'vided. Jind therefore nxe the aforefaid J. P, K. P. and A. S. 
 the aforefaid A. O. B. O. and C. O. do then and there caufe t* 
 he arrefied, and to the next gaol of our faid lord the king in the 
 county aforefaid to be con'veyed, by our njieiv and record of the un- 
 laiuful affembly, rict, and rout aforefaid conmiSied, there to re- 
 main enjery and each of them refpeiii'vely, until they fh all fe-ver ally 
 and reffeiliijely have paid to our faid lord the king the feueral 
 fum cf lol. each, itjhich ave do impofe upon them and every of 
 them feparatily for their faid offence. In teflimcny nxhcreof, to 
 this our prtfnt record ive do put our fcals. Dated at ■ 
 
 ^urejaid, the day and year aforefaid. 
 
 C. Commitment of the rioters upon view. 
 
 Weftmorland. IT P. and K. P. efquires, t'v:o of the jufiices of 
 I « our lord the king, affigned to keep the peace 
 vuithin the /... d county, and A. S. knight, fhtriff of the faid 
 county. To the keeper of the gaol cf our faid lord the king at 
 ■ ■ in the f lid county, and to his deputy and deputies there, and 
 
 to every of them, greeting. 
 
 Whereas upon complaint made unto us by A. I, of yeoman, 
 
 tve did this prefent day of —^ go to the houfe of the 
 
 faid A, I, at - ■ ■ ■ ■ aforefaid, and thtre did fee A. O. of- - - -« 
 
 yeoman^ 
 
»> 
 
 68 33iM, tout, Sec. 
 
 j-ccma'!, B. O. of. yeomati, CO. (.f yeoman, and 
 
 other jnahfadors to us unknonvn, a£hnhled together in an unlanvful, 
 rautoiiSy and riotous tno.nncr, to the terror of the people, and againjl 
 the peace of our /aid lord the king, and againfi the form of the 
 Jlatute in that cafe made and pro'vidcd : We do therifore fend you, 
 by the hiingers hereof, the bodies of the f aid A. O. B. O. and 
 C. O. confided cf the faid riot, rout, and unlaivful affembly, by 
 our onx^n •vienv, tejVitnony, and record ; coinmanding you in the name 
 of our faid lord the king, to recei<ve the7n into the faid gaol, and 
 th(m and (■very of them refpcSii-vely there fnfl^ to keep, until they 
 and every of them fall rcjpcdi-uciy pay to our fid lord the king, 
 (he fever a I and rcfpe6ii<ve fum of \o\. each, ivhich ijce have fet 
 and impo/ed upon them, and each and every of them feparately for 
 
 the faid offence. Given under our hands and feals at • • 
 
 aforcfiidy in the county aforrfaid, the day and year aforefaid. 
 
 D. Precept to fummon a jury. 
 
 Weftmorland. T P. and K. P. efquires, tvuo of the juflices of 
 %J * our lord the king, ajjigned to keep the peace in 
 (he county afore/aid, and afo to hear and ditermine divers felonies, 
 trtf gaffes, and other m'fd meanors in the faid county committed, To 
 theferijff of the fuid county, greeting. On the behalf of our faid 
 lord the king ive command you, that you caufe to come before us at 
 
 - in the county aforefaid, on the — — — dc>y of next 
 
 enfuing, 24 honrjl and lawful men of the county aforefaid, every ove 
 of vohich to have lands and tenements ivithin the faid county to 
 the yearly value of zo s. of charter land or freehold, or of 26 s. 
 2 d. of copyhold, or of both, over and above all cl/arges, to inquire 
 for our faid lord the king, and for our indemnity in this behalf 
 upon their oath, cf certain riots, routs, and unlavofid affemblies, 
 
 at in the county aforefaid, lately committed, as it is faid ; 
 
 And that you return upon every perfon fo by you to he impanelled 
 ZO i. of iffucs at the aforefaid day, to be by them refpeBively for- 
 feited if they fjall not appear and be fvjorn to inquire of the pre-- 
 miffcs at the Jaid time and place. And this you fall in no v.ife 
 omit, on pain cf 20 1. Given under our bands and fals c.t * 
 
 € for (faid, in the county aforefaid, the — — day ct ■■ in the 
 
 • ■ year of the rtign of — — — . 
 
 Jurors oath. 
 
 YO \5 fall true inquiry and prefenttnent make of all fuch things 
 as fall come before you, concerning a riot, rout, and un- 
 Iv.vful affembly fid to have been lately committed at ■ in 
 
 this county ; you fall fpare no one for favour or affe^ion, n.r 
 grieve atiy one for hatred or ill vuill, but proceed her tin according to 
 the hefl of your kncvAedge, and according to the evidince that fall 
 be given to you : So help you god. 
 
 'The oath 11 Inch your foreman hath taken on his part, you and 
 ivrry if you fball iK:(il ar.d truly chfrve at.d keep a: your parts : 
 Hu help you god. 
 
 The 
 
Whtts ano natjfgatr'on. 369 
 
 The inquificion, indii5lment or prefcntment of the 
 jury. 
 
 Weftmorland. A N Inquijition for our lord the king, indented 
 
 X\, ^"^ takin at —— in the coufity aforefcud^ 
 
 the - day of in the ■ - year of tht reign of • 
 
 by the oath of ■ honcji and lanxful men of the county 
 
 afortfaid, before J. P. and K. P. ef quires, jujiices of our faid 
 lord the king, aj^igned to keep the peace in the jc.id comity, and a If a 
 to hear and determine di'vers felonies, trefpajfes, and ether jnifde- 
 meanors in the faid county committed, ivho fay upon their oath 
 
 afore/aid, that A. O. of ~—— yeoman, B. O. of yeomany 
 
 C. O. of ' yeoman, together nuith other malej actors and di- 
 
 furbers of the peace of our faid lard the king, to the jurcrs afore- 
 
 faid as yet unknonvn, on the • day of noiv lafi pofi^ 
 
 at aforefaid, in the county aforefaid, iviih force and armSf 
 
 to n'.it, ixith clubs, fvjords, and guns, u?ilattfully, routciify, and 
 riotoufy did aj/etnble, to difiurb the peace of our faid lord the king ; 
 and fo being then and there affemhled and gathered tos^ether, the 
 
 manfion houfe of A. I. yeoman, at • — aforefid, unlaix fully , 
 
 routoufly, and riotoufy did enter, and m and upon kirn thejcid A. I. 
 then and there unlan.vfully, routovfiy, and riotoufy did 7nuke an 
 affault, and him the faid A. I. then and there unla'v fully, rou- 
 toufy, and riotoufy did beat, luound, and ill tre.'t, in dtfiurkance 
 of the peace of our faid lord the king, and to the terror of bis 
 people, and againfi the form of the fiutute in fuc h cafe made and 
 pro'videdm 
 
 We fwhfe names are hereunto 
 fct, the ab 01} e faid jurors, do 
 find this inquiftion true ; 
 IVe thejufiices abovefaid da A B. 
 
 hereby imfofe the fines C- D. ^c, 
 
 here under ^written, on 
 
 the abevefaid offenders ; 
 
 A. O. 20 /. 
 
 B. O. 20 /. 
 CO. 20/. 
 
 WUvs aiiD m\)i5^tion. 
 
 i-TQ Y the 8 G. 2. c, 20. If any perfon {hall wilfnUy or ma- Deftroyirg locka 
 
 J3 licioufly pluck up, throw down, or otherwife deftroy any *"'^ fluices, 
 lock, fluice, floodgare, or other works on any navigable river, 
 ereded by authority of parliament ; he ffiall be guilty of felony 
 without benefit of clergy : And the hundred fhall anfwer da- 
 mages, not exceeding 20 /. 
 
 Vo L. II. B b ?. And 
 
Filling up ha- 
 vens. 
 
 Stealing goods 
 on a navigable 
 river. 
 
 laitjtrs atiD nawsatiott. 
 
 2. And by tjie 19 G. 2. c. 22. If any perfon aftlng as mafter 
 of a ftiip, fhall call out, or there Qiall be call out, of any veflel 
 being within any haven, road, channel, or ravigable river, any 
 ballall, or rubbifli, but only on the land where the tide never 
 comes ; any one juflice near the place, may fummon the mafter 
 or owner, or other perfon acting as fuch, againft: whom the in- 
 formation (hall be made, or iffue his warrant to bring him before 
 him ; and upon due proof made, either by confeflion of the party 
 offending, or on view of fuch juftice, on oath of one witnefs, 
 that any ballaft or rubbifli hath been caft out, the mafter, or per- 
 fon ading as fuch, fliall be adjudged the offender, and fhall for- 
 feit not above 5 /. nor under 50 s. half to the informer, and half 
 to the poor of the parifh or place where fuch conviction fhall be 
 pronounced : To be levied by diftrefs of the goods of the perfon 
 fo convided, or of the fhip or tackle ; and the fame, if not re- 
 deemed in 5 day?, to be fold, rendring the overplus if any be, 
 after demand in writing, charges of diilrefs and fale being firft 
 dedufled. for want of fcfScient diftrefs, to be committed to gaol 
 or to the houfe of corredion where the conviftion fhall be, for 
 two months, or till payment of the penalties, or fo much thereof 
 for which the commitment (hall be. 
 
 And as foon as any vefTel fhall be funk, ftranded, or run afhore, 
 in any harbour, channel, or navigable river, or be brought in, 
 or be tlitre in a fhattered condition, and permitted to remain 
 there, and the ovxner or mafter fhall begin to take down, or carry 
 away any of the rigging or tackle, or if there fhall not be any 
 perfon to take care of fuch vefiel ; any one juftice for the county 
 or place, or near which fuch fact fhall happen, fhall on information 
 thereof fummon the owner, or other perfon having or pretending - 
 to have the command thereof, or ifTue his warrant to bring him 
 before him ; and on convittion fhall ilTue his warrant for feizing 
 and removing fuch vefTel, and alfo the rigging, and tackle thereof,, 
 in fuch manner as he fhall order and diredl ; if fuch perfon fhall 
 not within 5 days give fatisfaftory fecurity to the juftice, to clear 
 the harbour of fuch veffel, and of all wreck and parts thereof, and 
 pay the charges of feizing, removing, and difpofing of the vefTel 
 and" furniture, then the juftice fhall caufe the hulk and tackle to be 
 fold, and with the money pay the charges of clearing the place 
 where the vefltl fiiall lie, and of feizing, removing, and felling 
 the fame, rendring the overplus to the owner of the manor where 
 the fame fhall happen. 
 
 5. By the 24 G. 2. c. 45. All perfons who fhall felonioufly 
 Heal any goods of the,value of 40 s. in any fhip, boat, or vefTel, 
 on any navigable river, or in any port of entry or difcharge, or 
 from any wharf or key, or fhall be prefent and aiding therein, 
 fhall be excluded from the benefit of clergy. 
 
 Rol)l)ci-p. 
 
i 3.71 
 
 /. IFhai it is. 
 
 II. JVidening of highways to prevent robberies* 
 
 III. AJifauUing with intent to rob. 
 
 IV. Levying hue and cry on a robbery committed. 
 
 V. Hundred when liable to anfwer damages. 
 
 VI. Manner of bringing the a^ion againft the huU" 
 
 dred. 
 
 VII. Damages how to be levied and applied. 
 
 VIII. Reward for apprehendi?jg a robber. 
 
 IX. Pardon for difcovering an accomplice. 
 
 X. Principal and acceffary in robbery. 
 XL Punifhment of robbery. 
 
 XII What fhall be done with the goods of which 
 a perjon is robbed. 
 
 I. What it is. 
 
 I . ■^ I "* HERE are two kinds of robbery ; from the perfotij Two kinds of 
 
 X and from the houfe : It is the former of thefe that is robbery. 
 treated of under this title { the latter, ^iz. robbery from the houfe, 
 belongeth to the titles Jlaccenp and lIBuvglarp. 
 
 2 . Robbery, Lord Coie fays, is derived from the FreKch de la Derivation of 
 rohe, both becaufe they bereave the true man of his robes, and alfo the word tob- 
 for that his money is taken by them from fome pare of his gar- ''^fy- 
 ment, or robes about his perfon. But in truth the word feemeth 
 
 to be much ancienter than the introduction of the Fnnch into our 
 language; and probably was deduced unto us through the channel 
 of Saxony or Denmark. Robber, in the Saxon is reoferc ; in the 
 Lozv Dutch, roo'ver ; in the Danif?, rjffture ; by a tranfmutation 
 of the letters b, f, and t', frequent in all kindred languages. The 
 Gothick tranflation of the gofpels ufeth biraubodedun to fignify- thty 
 robbed, from birauban, to rob; which being Gripped of 'he prefix 
 augmentative is rauban. The Saxons exprefled the fame by 
 hcrcafodon, which we ftill preferve when we fay they brr>;a'uid: 
 and in the northern parts cf Englatrd, the words robbing^ and 
 rea-ving are ftill ufed promifcuoufly to fignify rapine and plunder ; 
 and when the violent wmds do llrip a houfe of ics thatch or cover- 
 ing, it is called reaving. 
 
 3. Robbery is a felony by the common la-xv, committed hy a 'vio- Definition of 
 lent ajpnuit ti^an th: ptrfcn of another, by pntting him in fear, and ^ ^^^' 
 
 £ b a taJtiri'y 
 
372 
 
 IRobberp. 
 
 Wood near high- 
 
 v.sys. 
 
 tahtigfrom his peyfoUy his tnaney or other goods, of any value ivhat' 
 fifver 3 Inll. 68. 
 
 Ffom his ptrfon\ Taking a thing in a man's prefencc, is in law 
 a taking from the perfon. tlaL''s i't. 73. Str. 10 15. A', againft 
 Fr.n.-dj and others. 
 
 Thus, if one take or drive my cattle out of my rallare, in my 
 prefenc*', thi^ is roobfry, if h€ make an aliault upon me, or put 
 me in fear. /ia/tV / / 73. 
 
 //. Widemyig of highivays to prevent robberies. 
 
 Highways leading from one market to^n to another, (hall be 
 enlarged, fo that there b;* nei;her dyke, tree, nor bufh, except 
 aflie' or great t^ee^, whereby a man may lurk to do hurt, within 
 2CO foot oF each fide. And if by default of the lord, that will 
 not avoid the dyke, underwood, or bufhcs. any robberies be done, 
 the lord (hall be anfwerable for the felony ; and if murder be 
 done, the lord fhall make a hne at the king's pleafure. And if a 
 park be taken from the highway, it fiiall be fet at 200 foot 
 diftance ; or elfe a fence fliall be made, fo as offenders may not 
 pafs nor return to do evil. 13 Ed. \. f.. z <:. ^. 
 
 It is obfervable, that wlien this aft was made, the country was 
 fuller of wood than it is at prefent. 
 
 ///. AjfauUing zvitb intent to rob. 
 
 I. If any perfon (hall with any ofFenfive weapon affault, or by 
 menaces, or in any forcible or violent manner, demand any mo- 
 ney or goods, with a felonious intent to rob him, he fhall be guilty 
 of felony, and be tranfported for 7 years. 7 G. 2. c. zi. 
 KiUing a perfon 2. If any perfon be indifted, or appealed, for killing any per- 
 intending to rob. fon attempting to rob, he (hall be acquitted. 24 //. 8. <:. 5. 
 
 IF. Levying hue and cry on a robbery committed. 
 
 Immediately upon robberies committed, frefh fult fhall be made 
 from town to tov^n, and from county to county. 13 Ed. i. 
 jl.z. c. I. 
 
 V. Hundred when liable to anfwer datnages. 
 
 1. The hundred where the offence was committed, (hall be an- 
 fwerable for the robberies, and for the damages, if the offender be 
 not t^ken. 13 Ed. \. jl.z. c z. 28 Ed. 3. <-. 1 1. 
 
 2. But fuch hundred may recover back half the damages, from 
 any other hundred wiiere frefh fuit after hue and cry (hall not be 
 made. 27 El. c 13, /. 2. 
 
 3. But the hundred fliall not be chargeable, if one robber be 
 apprehended in 40 days from the publication in the gazette ; as is 
 hereafter xnentioned. S G, 2. c. it. f. 3. 
 
 4. Alfo, 
 
 AfTauking with 
 intent to rob. 
 
 Hue and ccy« 
 
 Huitdred fliill 
 anfwer. 
 
 Hundred neglf£t- 
 jng hue and cry, 
 ihall contribute. 
 
 Hundred not an- 
 fwtrable, if a 
 robber is appre- 
 beadeJ. 
 
Jaobbcrp. 373 
 
 4: Alfo, a new highway clianged for an ancient one, without Nor for a rob- 
 9i \\\k oi' ad qrici/ iJd7/iKum, and an inqiiifuion found thereon, '^^fu^"*"*^^ 
 faid to be not fuch a highway, in which the inhabitants arc bound 
 to wacch, nor to make amends for a robbery therein committed. 
 I Ha'U'. 202. 
 
 5. Likewife if any perfon, which (hall travel upon the lord's Nor if on the 
 day, fhall be then robbed, tne hundred Ihall not be liable : never- '"■"^'^ ^*'' 
 thelefs they lliall make hue and cry, on p lin of" forfeiting to the 
 
 king as much as might have been recovered againft the hundred, 
 if the robbery had not been on the lord's day. 29 C. 2. c. 7. 
 
 r-s- 
 
 Which Jhall trn'vd'\ M. jG. Trjhmakcm^&h^ the hundred of 
 Ed/nirgton. T\\e. plaintidT lived a mile from the church, and go- 
 ing thither with his lady in his coach upon a SiimLix, was robbed ; 
 and brought his aftion againft the hundred, and recovered ; for the 
 flatate extends only to the cafe of tra-z'cllifig : but l^rctt Ch. J. 
 faid, if they had been going to make vifits, it might have been 
 otherwifc. St>-. 406. 
 
 6. Alfo, if any man be robbed in his houfe, the hundred fliall Nor if it be in 
 not be charged thereuirh, whether it were done by day or night ; an houfe. 
 becaufe eveiy man's houle is his caftle, which he ought to defend ; 
 
 and if any one is robbed in his houfe, it (hall be eileemed his own 
 fault. Du.i. c. R.f. 
 
 7. Alfo, a robbery done in the night, flial! not charge the hun- Nor if it be in 
 dred; but yet if it be in the day time, or there be fo much day the night, 
 light as that one may fee a man's face, fo that the robber may be 
 
 known, tho' it be before the fun nfing, or after the fun letting, 
 the hundred Ihall anfwer for it. Dalt. c. 84. 
 
 8. By the 22 G. 2. c. z\. No perfon Ihall recover againft the in what cafe 
 hundred, more than the value of 200/. unlefs the perfons robbed, there muft be 
 fhall at the time of the robbery be together in company, and be ^^''° '" company. 
 in number two at the leaft, to atceft the truth of his or their being 
 
 fo robbed. 
 
 9. And by the yearly land tax afts, no receiver general, or in what cafe 
 any of his agents employed for carrying any money on account 'l^ree in com- 
 of the faid tax, fhall maintain an aftion againft the hundred for be- P*"^' 
 
 ing robbed, unlefs the perlbns carrying fuch money, be together in 
 company, and be in number three at the leaft. 
 
 VI. Manner of bringing the a5fion againji the hundred. 
 
 In order to make the hundred liable, thefe things following 
 muft be done : 
 
 I . The perfon robbed fi all ^ 'with as much ccnvenient /peed as may Notice to th 
 be, give notice thereof, unto fame of the inhabitants near the place. '"I'^bitanta 
 27 El. c. 13. f. II. 
 
 And tho' that place, where notice is given, be in another hun- 
 dred or county, yet it is good enough ; for a ftranger may not 
 know the confines of the hundred or county : and that hundred 
 where notice is given muft make hue and cry, and by that means 
 B b 3 the 
 
37+ laobbtt^' 
 
 the hundred where the robbery was committed will foon know 
 thereof. Cro. C«. 41, 379. ^ Sa/k. iS^. 
 Notice to a con- 2. He Jhall alfo give 7iotice, njcith as much coni'etiient fpced as 
 ftab.e. ffj^y ig^ fg „ conjiahle of the hundred, that is, the high conflahle, 
 
 or to a covjlable of fame place near ; or leaue notice in nvriting at his 
 houfe, dijcribing therein the felon, and the time and place of the rob- 
 bery. 8 G, 2. c. 16. f. I. 
 
 M. 16 G. 2. 5a// againft the hundred of Wymerfley. Upon a 
 cafe made at the aflizes, it was ftated, that foon after fix in the 
 morning, the plaintiff was robbed at two miles and a half diftance 
 from Northampton, and the highwayman cut his bridle and ftirrups, 
 threw them into a ditch, and turned his horfe loofe ; that the 
 plaintiff recovered them, remounted, rode through a village called 
 Cotton, where he gave no notice, met three men ©n the road whom 
 he informed of the robbery, and arrived at Northampton by feven 
 o'clock, and gave notice to an innkeeper there, from whence he 
 went to Rotherthorpe, three miles off, where the high conftable 
 lived, and between 8 and 9 gave notice. And whether this notice 
 was fufficient to maintain the aftion, was the queftion. And the 
 court on argument held it to be good notice, for the high con- 
 ftable is the propereft perfon to go to, and it is not required that 
 he go to the next conllable. It appears the plaintiff loft no time, 
 confidering the circumfi:ances he was in ; and Rotherthorpe is not 
 at fuch a diftance, but that it may come within the meaning of 
 the word near. So the plaintiff had judgment. Str. 1 1 70. 
 
 And every conftable, to whom fuch notice (hall be given, and 
 every high and petty conftable within the hundred, as foon as the 
 fame fhall come to his knowledge, by the party robbed, or by any 
 to whom fuch notice hath been given, fhall with the utmoft expe- 
 dition make and caufe to be made frefh fuit and hue and cry after 
 the felons, on pain of 5 /. with cofts, half to the king, and half 
 to him who fhall fue. 8 G. 2. c. 16. /. 11, 12. Note; the pe- 
 nalty here is but fmall; but as the not purfuing hue and cry was 
 alfo an offence at common law, the offender may be indifted at 
 the common law, and thereupon fined and imprifoned. 
 Notice in the ^ 'j^j^g party robbed (hall alfo, within 20 days, caufe notice 
 
 ^'^"^ ^' to be given in the gazette (A) defcribing therein the felon, and 
 
 the time and place of the robbery, and the goods and effeds 
 whereof he was robbed. 8 G. 2. c. 16. / i. 
 To be examined 4- He Jhall alfo he examined on oath [^), ivithin 20 days next 
 pa oath. before the aiiion brought, before a juflice in or near the hundred^ 
 
 Ki-hether he knoivs dvy of the rohbtrs: and if he confeffes that he 
 docs, he Jhall before the aRicn brought, be bound oi'er by the faidju- 
 ftices to prcfecute, 27 El. c. 13. f 11. 
 
 Be fhall afo he exa7nin:d'\ That is, the party robbed, who is to 
 bring the adion, (hall be examined. But here note a diverfity. 
 '7". 2 Car. Raymund and hundred of Oki>:g. The fer'vant was 
 robbed of his mafter's goods, and the fervant made oath before a 
 j'.iftice, and the mafter brought the adion againft ^the hundred. 
 By the court; The zCi\ow well lies for the mafter ; and the fer- 
 vant's oath is fufficient, for it was propeily in his notice, that he 
 } was 
 
Bobbery 375 
 
 was robbed, and did not know any of the robbers, and the mafter 
 knows it not that he was robbed, or who were the perfons, but 
 by report of his fervant; and it would be inconvenient, if the 
 mafler fhould not bring the adion, but the fervant only ; for the 
 fervant might releafe, or compound, or difconiinue the fuit, and 
 fo the malter fnould have the lofs by his fallhood ; therefore the 
 mafter (hall bring the adion, and have his fervant who was rob- 
 bed, to be his witnefs, Cro. Car. 37, 
 
 Within 20 tiays next before] And the time of making fuch oath 
 muft be laid in the declaration, for that is traverfable. 3 Salk. 
 184, 
 
 Befjre ajujiice'] And if the juftice fhal! refufe upon his requeft, 
 to examine him, an aflion will lie againft the jjflice; becaufe he 
 doth not adl therein as a judge of record, but as a minifter ap- 
 pointed for the examination by the Itatute. Cro. Car. 211. 
 
 Whether he knonvs any cf the robbers'] H. 19 G. 2. William King 
 againft the hundred o^B I/hop's Sutton. In an a<^ion brought againft 
 the hundred, the oath proved was, that he had gcodreafzn to fufp:£l 
 the fadl was done by Robert Gibbs and U'illia7n Langfjvd, both of 
 fuch a pariHi. And a doubt arifing at the aflizes, whether this 
 was fufficient or not, a cafe was made, and twice argued at the 
 bar. And upon the fecond argument, the court were of opinion, 
 that the examination did not maintain the aclion. The oath re- 
 quired is a condition precedent, and for the fake of the hundred, 
 and to prevent fcreening the offenders. 1 here is a great deal of 
 difference between fufpcSling and kno-aiing: a man who h:oivs the 
 offender may purpofely flop at the word Jl/pcSi ; to avoid being 
 bound to profecute : and though it would be equivocating, yet it 
 would hardly be perjury affignable ; it being only a fupprcffion of 
 part of the truth. He fhould have faid, I Jul peel them to he the 
 men, but I do not knot': it. It will be dangerous to let them go 
 out of the words of the aft ; and therefore the plaintiff faled m 
 the adion, and paid the cofts of a non-fuit. Str. 12^-. 
 
 5. Alfo before the adion be commenced, he fhail go before Bor.d to pay 
 the chief clerk, or fecondary, or the fiiazer of the county, or the '-"°'^5' 
 clerk of the pleas of that court wherein fuch adlion is intended 
 
 to be brought, or their deputies, or before the fhcriff of the 
 county, and enter into 100/. bond, to the high conftabie, with 
 two fufficient fureties, to pay him cofls, if he (the profecutor) fhall 
 be caft. And no greater fee fhalf be taken for the bond, than 
 5 J above the ftamp. 8 G. 2. c. 16. / i, 2. 
 
 6. If bond is taken before the fherift, he fhall immediately cer- Bond to be 
 tify the fame in writing, to the refpeftive ofticer abovementioned ; certified. 
 which certificate the perfon robbed fhall deliver to fuch ofHcer be- 
 fore the adion is brought : and he fhall pay not more than z s. 6 d. 
 
 fee to the fheriff for making fuch certificate, nor more than 
 zs. 6d. to the officer for receiving and filing the fame. And the 
 bond flull be delivered to the high coniTable gratis. % G. z. 
 c. 16. / 2. _ . . .i--< 
 
 7. All this being done, and, 4,0 jd?ys being expired from the Time of bring- 
 day of the publication in tr.e gazette (for if one of the offenders "'6 ^^^ aftioa. 
 
 B b 4 ' is 
 
37^ Bol)l)etp* 
 
 is apprehended within that time, the adion will not lie, 8 G. z 
 c. 1 6 / 3-^ ; aij alfo £ whole year noc being expired from the 
 time of the robbery committed (for if a year is expired, in fuch 
 cafe alfo the adtion will not lie, by the 27 F.l. c. 13. /. 9.) But 
 all thefe things being regularly and duly performed, then the ac- 
 tion may be brought. 
 Procefstobe 8. And the procefs (hall be ferved on the high conftable only; 
 
 ferved on the ^^-^o (hall caufe publick notice thereof to be given in one of the 
 high conftable. ■ • 1 1 l 1 . j r ^u • 
 
 prmcipal market towns on the next market day; and if there is 
 
 no marker town in the hundred, then in fome parifli church with- 
 ^ in the hmdred, on the next Sunda-;, immediately after divine fer- 
 
 vice. He fhall alfo enter appearance, and defend the aftion, as 
 
 he fliall be advifed. 8 G. 2. c. ib. /. 4. 
 Inhabitants may 9. On the trial ; any inhabitant may be a witnefs for the bun- 
 be witneffcs. dred. 8 G. z. c. 16. /. 15. 
 
 FIT. Damages how to he levied and applied. 
 
 Writ of execu- i . If the plaintiff recover, the IherifF {hall fhew the writ of 
 tion to bf fliewn execution to two judices (i i?.) in or near the hundred. 27 El. 
 
 to two julhces. ^ ^^ J. „ gg^ ^ 16./.;. 
 
 And the high 7. The high conftable alfo /hall caufe his attorney's bill to be 
 
 eonftable's taxed by the proper officer, and fliall give in to the faid jurtices 
 
 *■ ^^^^' an account thereof, and of his other expences in defending the 
 
 aftion, and make due proof of the fame upon oath, to the iatis- 
 fadlion of the faid julHces. 8 G. 2. c. 16. / 4 
 Taxation. 3. The faid t\\o juftices (hall thereupon caufe a taxation to be 
 
 made, and levied in 30 days, upon every divifion within the hun- 
 dred, by the ' conllabies, by diltrefs and fale. 8 G. 2. c. 16, 
 /4, 10. 
 Payment. 4. And the conflables fliall in ten days pay the fame to the 
 
 flaerifF, and the fheniF fhall pay the fame without fee to the plain- 
 tiff for his colls and damages, and to the high conftable for his ex- 
 pences. 8 G. 2. f. 16. / 4, 5. 
 High conftable ^. Thc high conflable (hall in like manner, if he recovers 
 Y theTitdff is ^2»'"ft ^he plaintiff, be reimburfed his expences which (hall be 
 caft. ^ ^'^'" °^^'" ^"'^ above the cofts to be taxed, and alio fucti cofts taxed as 
 he fhall not be able to recover, by reafon of the infolvency of 
 the plaintiff and of his furcties ; which (hall be paid in ten days 
 to the faid two juftices, or one of them, who fhall upon requeft 
 deliver over the fame to the high conftable. 8 G. 2. c. 16, 
 / 7> 8. 
 Return of the 6. And the fheriff (hall not be obliged to return the writ of 
 ^^"'' execution, till after 60 days from the ttme it fliail be delivered to 
 
 him ; that there may be time for the taxation, a(refrment, and 
 colleding the money. 8 G. a. c. 16. / 6. 
 
 VIII. Re-:v.irdfor apprehending a roller. 
 
 iol. bythchun- |_ ^ny perfon or perfons apprehending a felon, whereby the 
 
 ^"'** hundred becomes nidemnitied, ihall have 10 /. reward paid by the 
 
 hundred ; the fame to be afcertained, levied, and paid, by two 
 
 juftices 
 
I 
 
l^obbcrp. 377 
 
 jullices (i iZi) in or near the hundred, in fuch proportions as 
 they Ihall think reafonable, within the hundred. S G. 2. c. i6. 
 
 2. And moreover, every perfon who fhall apprehend a high- 4ol.bythe 
 wayman, and profecute him till he be convified of any robbery king, 
 committed in or upon any highway, paflage, field, or open place, 
 fhall have from the flieriff of the county where the robbery and 
 conviction was made and done, without paying any fee for the 
 fame, the (um of 40 /. within one month after fuch conviftion 
 and demand thereof made, by tendring a certificate to the (heriiF, 
 under the hand of the judge, certifying the convitlion of fuch 
 felon for a robbery done within the county of the faid (herifF, 
 and Aio that fuch felon was taken by the perfon claiming the re- 
 ward, 4 IV. c. 8. /. 2. 
 
 For which certificate (hall be paid, for writing and drawlnj; 
 thereof, 5 J. and no wore. 6 G. c 23. /. 8. 
 
 And if any difpute fhall arife between the perfons apprehending, 
 touching their right to the reward, the judge fhall by the faid cer- 
 tificate direit it to be paid unto and amongll the parties claiming, 
 in ijch proportions a? to h'.T fVia!) feeni jult and reafonable. And 
 if the (heriff fnsll make default of payment, he fhall forfeit dou- 
 ble, with treble cofts. 4 H\ c. 8. / 2. 
 
 And the ftreets of Londjit and Wtjimivfiir, and_ of other cities, 
 towns, and places, fhall be deemed highv/ays as to this matter. 
 6G. c. 23./ S. 
 
 3. And as a further reward, fuch perfon fhall have moreover And the gooJj 
 the horfe, furniture, and arms, money, or other goods of the t^I^cn with the 
 robber, tha: fhall be taken with him, notwithftanding the right of ^'fe'^*''>''"^'»» 
 the king, or lord of the manor, or of the perfon lending or letting 
 
 the fame to hire : but faving the right of them from whom they 
 may have been feloniouily taken. 4 IV. c. ^. f. 6. 
 
 4. And if a perfon is killed in endeavouring; to apprehend fuch Perfcn killed in 
 highwayman, the fheiif? iliall pay the like fum of 40/. without ^PP^^hendinga 
 lee, under the Ime penalry, to the executors or admmiitrators or 
 
 the perfon killed ; immediately, upon certificate delivered to him 
 under the hand and feal of the judge of aflize for the county where 
 the fa«^ was done, or the two next jullices, of fuch perfon being fo 
 killed ; Which certificate, the faid j'ldge, or jullices, upon proof 
 before them made, fhall give immediately without fee. 4 PV, 
 f.8./3- 
 
 5. And the IhenfF fhall have the faid rewards allowed to him in sheriff to be al- 
 
 hii accounts. 4 IV. c. 8. /." 4. lowed therewari 
 
 in his accounts. 
 
 IX. Par den for dif covering accomplices. 
 
 Tf any perfon, being out of prifon, fhall commit any robbery. Pardon for dif- 
 and afterwards difcover two or more perfons, who fhall commit covering accom- 
 any robbery, fo as two or more be convided ; he fhall have the P^"^"' 
 king's pardon for all robber ie: he ihail have committed before fuch 
 difcovery ; which pardcn lliali be likewife a bar againll any appeal 
 fg: fucb robbery, i /;". f. 3. f. j, 
 
 X, Principal 
 
378 3Robbtt^ 
 
 X. Principal and accejfary in robbery. 
 
 Acceflary. All that come in company to rob, are principals, tho' one only 
 
 aftually do ic. Halis Pl.-jz. 
 
 XL Puni/Ioment of robbery. 
 
 *-'"Ey' I. Robbery is generally excluded from the ber.efit of clergy. 
 
 3 Inji. 68. 2 Haiv. 35 I — 357. 2 H. H. c. 4S. 
 Pardon, 2. And by the 20 G. 2. c. 52. Robbery is excepted out of the 
 
 general pardon. 
 ^'"'■T' 3. By the 22 G. 2. c. 33. Robbery in the navy (hall be pu- 
 
 nifhed with death, or otherwife, as a court martial, on confidera- 
 
 tion of circumrtances, (hall find meet. 
 
 jobbery. ferfoH is robbcd. 
 
 1 . If the perfon robbed doth not profecute the robber ; if his 
 goods are waived in flight, or feized by the king's officers, or lord 
 of the manor, he fliall not have them reftored. Kely. 49. 
 
 2. But if they are not waived in flight, nor feized by the 
 king's officers, or lord of the manor, he may take his goods again 
 wherever he finds them, without the formality of reftitution being 
 awarded, if they be tiot fold in open market ; and this alfo, al- 
 tho' he doth not profecute the robber. Kely. 4H. 
 
 3. But if he fhall prol'ecute the robber to con vid ion ; he fhall 
 have reftitution, akho' they have been waived, and feized, and 
 even fold in open market. Kely. 48, 
 
 A. Notice in rhe gazette, before the action brought 
 againft the hundred. 
 
 NOTICE is hereby ginjeK (purfuar.t to an aEl of parliament 
 made in the eighth year of the reign of his prrfnt majefy 
 ■king George the fecorJ, intitled. An aft for the amendment of the 
 law relating to aftions on the ftatute of hue and cry) that A. I. 
 
 of' in the county of gejitlernan, on the 
 
 « dav 0^- ■ new lafi paf, bet-ween the hours of eight 
 
 and nine in the forenoon of the fame day, ivas overtaken and robbed 
 
 hy t^ixo perfons, in the highvjny betiveen and • • in the 
 
 county of — '■ one of thetn beiig a tall thin man, marked on the 
 
 face *with the fmall pox, and having on a bro^vn riding coat, 
 ti7td mounted on a black mare ; the other a middle ftzcd man, 
 wjearing his cijcn hair of a light broiun colnur, and riding on a 
 grey gelding', ivhich perfons took from him the /aid A. I. ttn 
 guineas in gold, f'vcn fhilliyigs in fhjcr, an halfpen?iy, and a fil'ver 
 'watch, and then made off. 
 
 B. ExamLna'.lca 
 
Bobtoetp* 379 
 
 B. Examination of the perfon robbed, before the 
 adion brought. 
 
 •D' 
 
 ' Weftmorland. ' M '' HE examination of A. I. of in the 
 
 JL coiivty aferefaid, yeoman, t.iken on oath befjre 
 me J. P. e/quire, one cf his majejiy^s jujlices of the peace for the /aid 
 county, dnxjelling in [or, near to~\ the hundred of " ivithin the 
 
 faid county, the day of in the ■ year of the 
 
 reign of 
 
 Who faith, that on Monday//^-? day of this frefent movth 
 
 of———' betivecn the hours of t-tvo and three in the afternoon of 
 the f 'me day, at or near a place called ■ he ivas affaulted in 
 
 the highivay there leading from to by tnuo horfemen^ 
 
 ivhereof one ivas a tail lufly man, vjearing a black 'wig, and a 
 blue grey coat, mounted on a bay gelding about fifteen hands high, 
 'with a black mane and tail, and far in his forehead ; and the ether 
 a middle fixed man, of a fnuarthy ccfnplexion, ha<ving a large fear 
 en his left cheek, haijing on a dark brcwn riding coat, and tnounted 
 en a black gelding ; and by them robbed in the highzvay aforefaid, of 
 
 the fum of in money, one filnjer nvatch of the malue of ^\, 
 
 and one pocket book: And that he the faid A. I. cit the time of the 
 faid robbery comnutted, did not kncTV, nor yet doth knonu, either 
 of the faid perfons ivbo committed the fame : And that he is fince 
 informed, that the faid highivay and place ivhere he iias fo robled 
 as aforifuid, are in the parifh of and ^jjithin the hundred of 
 
 ^ in the faid county, 
 
 "Taken, made, and figned the day , A. I, 
 
 and year abo~ce luritten. 
 
 Before me 
 
 J. P. 
 
 EOUt* See iafOt 
 
 iB.um* See C.rcife. 
 Etiii gootis. See erciTe, 
 
 ^abbatlj. See HojD's oa^ 
 
 ^ail clotD* 
 
 Y the 9 G. 2. .-. 37. (which by the 24 G. 2. c. 52. hath 
 continuance to Dec. 25. 1757, l^c.) every maker oi Britij'h 
 fail cloth, fhall ftamp his name and place of abode in words at 
 length on every piece ; on pain of iq /. on conviftion by the oath 
 of one witnef? before one juftice ; And if any perfon fhall wilfully 
 
 obliterate 
 
380 ^aii ciotlj* 
 
 obliterate the flamp, or ftamp another perfon's rame and place ot' 
 abode, and not his own, he (hall forfeit 5 /. (and by the 4 G 2. 
 c. 27. 10/) to the informer i by diftrefs, by warrant of two 
 juftices. 
 
 €)ncrament^* See pufclick tno^fljip, 
 
 ^accilerre^ Sceiarcenp, 15ur0iarp* 
 
 <^aimon* See (J5amc» 
 
 %m. See ^jcciCc* 
 
 ^anctuar^ 
 
 B 
 
 Y the i\ y. c. 28. /. 7. No fanfluary, or privilege of fane - 
 tuary, fhall be admitted or allowed in any cafe. 
 
 ^cal)ctiger5- 
 
 THE juftices in any city or market town (not having already 
 provifioii made for them therein by any former law), at 
 their general cr quarter feflions, may appoint fcavengers for clean- 
 ing the ilreets, and may order the repairing fuch ftreets therein as 
 they fhall judge neceffary ; and for defraying the chages thereof, 
 an affeirment not exceeding 6 d. in the pound for one year, may 
 be made, levied, and colleded as by their order in fuch feflions 
 they fhall appoint; which, being allowed under their bands and 
 feah, may (if not paid in 8 days after demand) be levied by their 
 warrant by diftrefs, rendring the overplus, after dedudlmg the 
 charges of making, keeping, and felling fuch diftrefs. i G. 
 /!. 2. c. 52, /. 9. 9 G. c. 18. /. 3. 
 
 There are feveral afts which diredt the paving and cleanllng 
 the ftreets in London and Wejlminjler, and within the bills of mor- 
 tality, which not being of general concern, are only mentioned ia 
 this place ; to wit, 
 
 22 C. 2. e. 12. 
 
 22 cf 23 C 2. f. 17. 
 
 2 W. fejf. 2. c. 8. 
 
 %^ ^IV. f. 37. 
 
 ©CljOOl- 
 
38i 
 
 ^tljooliuaftets. 
 
 1 , TW^T ONE fliall teach fchool, unlefs allowed by tlie blfliop, Licence of 
 
 X^ on pam of the cenfures of the church : And curates fchodmafters, 
 defirous to teach, fhall be licenfed before others, except where 
 there is a publick fchool founded. Can. 77, 78. , 
 
 2. How far fchoolmafters, being proteftant diffenters, are ex- DifTenters teach- 
 cmpted, as fuch, from the penalties inflifted by the laws for '' g without 
 teaching fchool without licence, is treated of under the title ""="'^^' 
 JDiffentcrs, 
 
 3. If any papift fhall keep fchool, or take upon him the edu- Papift teaching 
 cation, or government, or boarding of youth, he Ihall be ad- fchool. 
 judged to perpetual imprifonment. 11 ^ iz If. c. 4. f 3. 
 
 4. Where a fchoolmafter, in correding his fcholar, happens to Schoolmafter by 
 occafion his death; if in fuch correction he is fo barbarous as to conedtion kil- 
 exceed all bounds of moderation, he is at leaft guilty of man- ^'"S iiis fcholar. 
 flaughter; and if he make ufe of an inftrument improper for cor- 
 
 jredion, and apparently endangering the fcholar's life, as an iron 
 bar, a fword, or kick him to the ground, and then liamp on his 
 belly, and kill him, he is guilty of murder, i Haiu. 73, 74. 
 
 teamen, 
 
 FOR apprentices to the fea fervice, fee title lUppjcntfccS. 
 I. No lifted feaman ftiall be taken out of bis majefly's in what cafes 
 fervice, by any procefs, other than for fome criminal matter, un- they may be ar» 
 lefs affidavit be firft made, that the debt or damage amounts to refted. 
 20/. I G. 2. ft. 2. c. 14. / 15. 
 
 But the plaintiff may, on notice firft given to the defendant, 
 enter a common appearance, and proceed to judgment and out- 
 lawry, and have execution other than againft his body. /. 1 6. 
 
 2. No court martial may puniih or try any offence committed What offences 
 by any feaman in his majefty's fervice, which fhall not be com- t^^e court martis^ 
 mitted on the main fea, or in great rivers beneath the bridges, or ^^^ pan»ih, 
 
 in a haven or creek within the jurifdiilion of the admiralty ; ex- 
 cept in the cafe of fpies, or of mutiny and defertion, or difobe- 
 dience, or of offences committed on land in foreign countries. 
 22 G. z. c. 33. / 40. 
 
 3. Seamen who have been employed in the king's fervice fince where they ma* 
 the acceffion of King George the fecond, and not deferted, may excrcik trades, 
 fet up and exercife fuch trades as they are apt for, in any town or 
 
 place in Great Britain or L eland, without moleftation (except in 
 Oxford or Cambridge) ; and if any perfon is fued thereupon, and 
 the plaintiff is caft, fuch perfon (hall have double colls. 22 G. 2. 
 
 S 4- A 
 
382 teamen* 
 
 to be deemed 
 vagraQtSi 
 
 Convifled of 4. A feaman, uiilfead of being committed to the houfe of cor- 
 
 fwcaring. region, for default of paying the penalty for fwearing, fhall be 
 
 put in the Hocks for one hour for every fingle offence, and for any 
 
 number of offences of which he (hall be convided at one and the 
 
 fame time, two hours, ig G\ 2. c. z\ . f. ^. 
 
 In what cafe not 5. A feaman having a teftimonial under the hand and feal of a 
 
 juftice of the peace, fetting forth the time and place of landing, 
 
 and the place to which he is to pafg, and limiting the time of his 
 
 paffage, fliall not be deemed a vagrant, while he continues in the 
 
 dired way, and within the time limited. 17 G. 2. c. ^. /. 3. 
 
 In what cafe not 6. No feaman employed in his majefty's fervice, (hall have any 
 
 to gain fettle- fettlement in any parifh, port town, or other town, by delivery 
 
 mcnts by notice. ^^^ publication of a notice in writing, unlefs it be after his difmif- 
 
 fion out of his majeily's fervice. 3 /F. c. w. 
 
 Making difturb- 7. The treafurer, controller, ftuveyor, clerk of the ads, or 
 
 ance in the ^^y q^ jj^g commiiTioners of the navy, may punifh feamen and 
 
 ^ ' others, making dillurbances in the yards or offices, and may bind 
 
 thera to the good behaviour, and to appear at the next afiizes, or 
 
 general quarter feffions, to be profecuted for fuch offence. 1 G. 
 
 //. 2. c. 25. f. I, 2. 
 
 Seamen in the 8- Concerning feamen in the merchants fervice, it is enaded by 
 
 n:erclian:s the 2 G. 2. c. 36. (which by the laft continuance 23 G. 2. c. 26. 
 
 fciv.fe. ij Qf f-Qfj-g fQ March 25. 1764, ffff.) No mafter of a fhip (hall 
 
 proceed on a voyage, without agreement in writing with each 
 
 mariner (apprentices excepted), to be (igned by fuch mariner, for 
 
 wages; on pain of 5/. for each mariner, on convidion before 
 
 one juftice by the oath of one witnefs, to be levied by diftrefsj 
 
 for want of diftrefs, to be committed till paid. /. 1,2. 
 
 And if the mariner deferts after he hath figned the agreertient, 
 Jie (hall forfeit the wages due to him at the time of deferring ; and 
 on application from the mailer, owner, or commander of the (hip, 
 fuch juftice may cau("e him to be apprehended, and if he fhall 
 refufe to proceed on the voyage, without fufficient rcafon to the 
 fatisfaiition of the juftice, the laid juftice (hall commit him to the 
 houfe of corredion, there to be kept to hard labour, not exceed- 
 ing 30 days, nor lefs than 14 days, f, 3, 4. 
 
 And if any feaman ablent himielf from his (hip without leave, 
 he (hall forfeit for every day's abience two days p.iy to Gretnijuich 
 hofpital, to be deduded by the mafter out of his wages ; the fame 
 to be entred in a book, and figned by the rnafter and two olHcers 
 of the fliip; and the fame to be paid over to the ofiicer who col- 
 leds the 6 rt*. a month deduded out of feamens wages for the ("aid 
 hofpital. f. !j, 9. 
 
 And if any feaman not entring into the king's fervice, (hall 
 leave his (hip before he hath a difcharge in writing, he lliaU forfeit 
 one month's pay, in like manner. / 6. 
 
 And the mafter (hall pay the feaman's wages, if demanded, ia 
 30 days after tiie fliip is encied at the caftom houfe, or at the time 
 of difcharge, which iliali firft happen, deduding out of f.ich wages 
 the aforeiaid forfeitures; on pain of 20s. to (uch itaman, to b« 
 recovered in likt manner as his v/ages. /. 7. 
 
 Note } 
 
^eatci) iCbarranc. 383 
 
 Note ; The law relating to the recovery of fuch wages, fo far 
 as provjfion is made for the fame by any a£t of parliament, is 
 treated of under title S^V^autg. 
 
 ^earcl) Mjartant. 
 
 AL T H O' it is not unufual for juftices to grant general war- 
 rants, to fearch all fufpeded places for ilolen goods, and 
 there is a precedent in Dahen requiring the condable to fearch 
 all fuch fufpefted places as he and the party complaining Jhall think 
 anroenient ; yet fuch practice is generally condemned by the beft 
 authorities. 
 
 Thus Lord Hale, in his pleas of the crown, fays, a general 
 warrant to fearch for felons or ftolen goods, is not good. 
 H. PL 93. 
 
 Mr. Haivkins fays, I do not find any good authority, that a 
 juftice can juftify fending a general warrant, to fearch all fufpedftcd 
 houfes in general for ftolen goods : becaufe fuch warrant feems to 
 be illegal in the very face of it ; for it would be extremely hard, 
 to leave it to the difcretion of a common officer, to arreft what 
 perfons, and fearch what houfes he thinks fit ; and if a juftice can- 
 not legally grant a blank warrant for the arreft of a iingle perfon, 
 leaving it to the party to fill it up, furely he cannot grant fuch a 
 general warrant, which might have the efFeft of an hundred blar.k 
 warrants, z Hanv. 82, 84. 
 
 Again, Lord Hale, in his hiftory of the pleas of the crown, 
 exprefiech himfelf thus ; I do take it, that a general warrant to 
 fearch in all fufpefted places is not good ; but only to fearch in 
 fuch particular places, where the party afligns before the juftice 
 his fufpiclon, and the probable caufe thereof; for thefe warrants 
 are judicial afts, and muft be granted upon examination of the 
 fad. 2 H. H. 150. 
 
 And therefore, he fays, he takes it that thofe general warrants 
 dormant, which are many times made before any felony commit- 
 ted, are not juftif.able, for it makes the party to be in efFeft tl^e 
 judge ; and therefore fearches made by pretence of fuch general 
 warrants, give no more power to the officer or party, than what 
 they may do by law without them. 2 H. H. 150. 
 
 Likewife, upon a harefurmife, a juftice cannot make a warrant 
 to break any man's houfe, to fearch for a felon, or for ftolea 
 goods; for the juftices being created by a£t of parliament, have 
 no fuch authority granted to them by any a£l of parliament; and 
 it would be full of inconvenience, that i: fhould be in the power. 
 of any juftice of the peace, being a judge of record, upon a bare 
 fuggeftion to break the houfe of any perfon, of what ftate, qua- 
 lity, or degree foever, either in the day or right, upon fuch fur- 
 mifes. 4 In ft. 177, 
 
 Bat 
 
384- ^eardj H)aiTcint. 
 
 "Bat in cafe of a complaint, and oath made, of goods flolen, 
 and that the party fufpedts the goods are in iuch a houfe, and 
 Ihews the cauf*: of his fufpicion ; the julHce may grant a warrant 
 to fearch in thofe Uifptded places mentioned in his warrant, and 
 to attjch the goods, and the party in whofe cullody they are 
 found, and bring them before him, or fome other juftice, to give 
 an account how he came by them, and further to abide fuch order 
 as to lavv lliall appertain. 2 h. H. 113, i;o. 
 
 But in that cafe. Lord Hole fays, it is convenient, that fuch 
 warrant do require the fearch to be made in the day time ; and 
 tho' I will not affirm (fays he) that they are unlawful without fuch 
 rellriclion, yet they are very inconvenient without it ; for many 
 times under pretence of fearches made in the night, robberies and 
 burglaries have been committed, and at bell it creates great diftur- 
 bance. z H. H. \ 50. 
 
 But in cafe not of probable fufpicion only, but of pofitive 
 proof, it is right to execiate the warrant in the night time, lelt the 
 offenders and goods alfo be gone before morning. Barl. Search 
 War. 
 
 Furthermore, fuch warrant ought to be direfled to the conlla- 
 ble, or other publick officer, and rot to any private perfon ; the' 
 it is fit the party complaining Ihould be prefent and afliftant, be- 
 caufe he knt)ws his goods. 2 //.//. i i;o. 
 
 So much for granting a fearch warrant ; Next touching the 
 execution of it. 
 
 Whether the ftolen goods are in the fufpefled houfe or not, the 
 officer and his affiftants in the day time may enter, the doors being 
 open, to make fearch, and it is judifiable by this warrant. 
 2 H. H. 151. 
 
 If the door be (hut, and upon demand it be refufed to be open- 
 ed by them within, if the flolen goods be in the houfe, the of- 
 ficer may break open the door. 2 H. H. 151. 
 
 If the goods be not in the houfe, yet it feems the officer is ex- 
 cufed, that breaks open the door to fearch, becaufe he fearched by 
 warrant, and could not know whether the goods were there, till 
 fearch made ; but it feems the party that made the fuggellion is 
 punilhable in fuch cafe ; for as to him the breaking of the koor is 
 in e-ventu lawful or unlawful, to wit, lawful if the goods are there, 
 unlawful if not there. 2 H. H. 151. 
 
 On the return of the warrant executed, the juftice hath thefc 
 things to do ; 
 
 As touching the goods brought before him, if it appear they 
 Were not ftolen, they are to be reftored to the pofleffor ; if it ap- 
 pear they were ftolen, they are not to be delivered to the pro- 
 prietor, but depofited in the hand of the flieriff or conftable, to 
 the end the party robbed may proceed, by indtfling and convict- 
 ing the offender, to have relHtucion. 2 H. H. 151. 
 
 As touching the party that had the cuftody of the goods ; if 
 they were not ftolen, then he is to be difcharged ; if ftolen, but 
 not by him, but by another that fold or delivered them to him, 
 if it appear that he was ignorant that they were ftolen, he may 
 4»e difcharged as an offender, and bound over to give evidence as 
 
 a witnefs 
 
^tSLUH tbartatit. 385 
 
 a witnefs againft him that fold them ; if it appear he was know- 
 ing they were flolen, he mull be committed or bound over to an- 
 fwcr the felony, z H. H. 152. 
 
 Form of a fearch warrant. 
 Weftmorland. \ To the conftable of — — — . 
 
 WHEREAS it appear to me]. P. ef quire, one of the ja- 
 Jlices of our lord the king, ajfigned to keep the peace in the 
 faid county, by the information on oath of K.l. of ■ in the 
 
 county afore faid, yeoman, that the follonjuing goods, to nvit, ■ ■ 
 
 ha<ve ivithin t<v^ days laji pajf, by fame perfon or perfons unkno-wn, 
 been felonioujly taken, Jiolen, and carried aiuay, out of the hcufe of 
 
 the faid A. I . at aforefaid, in the county aforcfaid ; and 
 
 that the faid K. I. hath probable caufe to fufpeS, and doth JufpeS^ 
 that the faid goods, or part thereof, are concealed in the divelling 
 houfe of A. O. (f • ••• in the faid county, yeoman : Thefe are 
 therefore, in the name of our faid lord the king, to authori'xe and re- 
 quire you, n'ith neceffary and proper affifiants, to enter in the day 
 time into the faid houfe of the faid A. O. at — — — • oforefaid, in 
 the county aforefaid, and there diligently to fearch for the faid goods j 
 arid if the fame, cr any part thereof, Jhall be found upon fuch fearch , 
 that you bring the goods fo found, and alfo the body of the faid A. O. 
 before me, or fame other of the jufices of our faid lord the king, af 
 fgned to keep the peace in the county aforefaid, to be dlfpofcd of and 
 dealt nuithal according to laiu. Gi'ven under my hand and feal at 
 
 ■ in the faid county, the day of in the 
 
 ' ■ year of the reign of . 
 
 %)Z\l tJcfcnce* See ^omfcitie* 
 "Self mucDec. See i{)omicine» 
 
 Under this title are aKo comprehended labourers, journeymen, 
 artificers, and other workmen. 
 
 Concerning the ftthment of fervants, fee title f£>00?, 
 
 L Who may he compelled to ferve^ and for what 
 
 term. 
 //. Rating of wages. 
 III. 'Time of working for labourers* 
 
 Vol. II. C c ly. Working 
 
386 ^etl^ants* 
 
 IV. JVorkir.g in harvejl. 
 
 V. Leaving tvork unfinijhcd. 
 VL 'Tejlimonial. 
 
 VII. Servant fleeing into another JJjtre. 
 
 VIII. Servant njfaulting his mafisr. 
 
 IX. How far the juajitr is allotvcd to beat his 
 
 fervant. 
 
 X. How far the majler may heat another in defence 
 
 of his fervant, or the fervant in defence of 
 
 bis majler. 
 XL Servants firing hcufes. 
 XII. Servant Jlealing his majler s goods. 
 XIIL Difputes between filk majlers a-nd their work- 
 men. 
 
 XIV. Difputes between clothiers and their workmen. 
 
 XV. Difputes between maflers and fervants in the 
 
 woollen., linen, fuflian, cotton, and iron 
 manufa£iures, by feveral ftatutes. 
 
 XV I. Difputes between maflers and their woihne^i 
 
 in the leathern manufaElures^ by the 
 13G. 2. c. 8. 
 
 XVII. Difputes between maflers and their workmen 
 
 in the making of hats, er in the woollen, 
 linen, fuflian, cotton, iron, leather, furr, 
 hemp, flax, mohair, or ftlken manufac- 
 tures, by the 22 G. 2. c. 27. 
 
 XVIII. Difputes between maflers and their workmen 
 
 in the manufatlure of clocks and watches^ 
 by the 27 G. 2. c. 7. 
 
 XIX. Difputes between majlers and fervants in huf- 
 
 bandry, artificers, handicraftfmen, miners, 
 colliers, keelmen, pitmen, glajfmen, potters^ 
 and other labourers, by the 20 G. 2. c. 19. 
 
 XX. Shipmajlers and their feamen. 
 
 XXI. 'Taylors and their workmen within the bills. 
 
 ■ XXIL Shoemakers and their workmen within the 
 bills. 
 XXIII. How far the mafler is anfwer able for the 
 fervant. 
 
 L Who 
 

^etDants. 387 
 
 /. IVho may be compelled to ferve, a7id for what term. 
 
 I. TWT O perfon (hall retain, or be retained, to work for any Who compel; 
 X^ lefs term than one whole year, in any of the crafts of ^^^^ '" '^'^' *' 
 
 clothiers, woollen cloth weavers, tuckers, fullers, clothworkers^ 
 fiieiemen, dyers, hofiers, taylors, fliof makers, tanners, pewterers, 
 bakers, brewers, glovers, cutlers, fmiths, farriers, curriers, fad- 
 lers, fpurricrs, turners, cappers, hatsnakers or feltmakers, bow- 
 yers, fletchers, arrow head makers, butchers, cooks, or millers. 
 5 £/. c. 4. / 3. . , . 
 
 And every perfon unmarried, and every married perfon being 
 under the age of 30 years, and having been brought up in any of 
 the faid trades, or that hath ufed any of them by t; e Ipace of 3 
 years or more ; and not having an ellate of inheritance or for life 
 of 40 J. a year, nor worth 10/. in goods, and fo allowed by two 
 juftices of the county where he hath moft commonly inhabited for 
 one year, under their hands and feals, or by the mayor of a towrx 
 corporate and two aldermen, or (if there are no aldermen) two 
 difcreet burgeffes; nor being retained with any perfon in hufban- 
 dry, nor in any the aforefaid trades ; nor be ng lawfully retained 
 in houfhold, or in any office with any nobleman, gentlernan, or 
 other according to law; nor having a convenient tarm or ocher 
 
 holding in tillage; fhall during the time that he fhall be f» 
 
 unmarried, or under the faid age of 30 years, on requeft made by 
 any perion ufing the art or miftery wherein the faid perfon hath 
 been exerciled, be retained and ferve, on pain as hereafter fol- 
 lovveth. /. 1 1. 
 
 And no perfon which fhall retain any fervant, (hall put away 
 his faid fervant, and no perfon retained according to this ftatute 
 fliall depart before the end ot his term, unlcfs it be for fome rea- 
 fonable caufe, to be allowed before one jullice or mayor to whom 
 the party grieved Ihall complain : And no mafter fl-iall put away 
 any fuch fervant at the end of his term, nor (hall any fuch fervant 
 depart at the end oi' his term without one quarter's warning, on 
 pain hereafter enfuing, /. 5, 6. 
 
 2. Every perfon between the age of 12 and 60, not being In huibandry* 
 lawfully retained, nor apprentice with any fifherman or mariner 
 haunting the feas; nor being in fervice with any kidder or carrier 
 of corn, grain, or meal for provifion of the city of London ; nor 
 with any hufbandman in hulbandiyj nor in any city, town cor- 
 porate, or market town, in any the arts limited by this (lacute to 
 have apprentices ; nor being retaiaed by the year, or half year 
 at lea(l; for getting, melting, fining, working, trying, making 
 of any filver, tin, lead, iron, copper, (lone, fca coal, ftone coal, 
 moor CO J, or cherk coal ; nor being occupied in the making of 
 glafj ; nor being a gentleman born, nor being a fludent or fcholar 
 in any of the univerfities, or fchool ; nor having an c(bte of in- 
 heritance, or for term of life, of 40 j a year; nor worth 10/. m 
 goods; nor having a father or mother then living, or other an- 
 cedors, whofe heir apparent he is, having lands of 10 1, a year, 
 or gyodo worth 40/. ^ cor being a necefliiry or coftvecient of£cer 
 
 Cc a ©r 
 
388 ^nMnts. 
 
 or fcrvant lawfully retained as aforefaid ; nor having a convenient 
 farm or holding, whereon to employ his labour ; nor being other- 
 wile lawfully retained according to the true meaning of this ft»- 
 
 tHtc, fhall be compelled to be retained to ferve in hulbandry 
 
 by the year, with any perfon that keepeth hufbandry, and will re- 
 quire any fuch perfon fo to ferve, within the fame fhire where he 
 fliall be fo required. 5 E/. c. 4. /. 7. 
 V And if any perfon, after he hath retained any fervant, (hall 
 put him away before the end of his term, unlefs it be for fome 
 TCafonable caufe, to be allowed as is aforefaid ; or ftiall put him 
 away at the end of his term, without a quarter's warning ; un- 
 lefs he can prove by two witnefTes fuch reafonable caufe, or fuch 
 quarter's warning, before the judges of afiize, jaftices of the peace 
 in fefTion;, or the mayor and two aldermen (or two difcreet bur- 
 gefTes if there are no aldermen) in corporations, he fhall for- 
 feit 40/. f.%. 
 Penalties. 3- '^"'^ '^ *"y fervant retained according to this flatute fhall 
 depart from his fervice before the end of his term, unlefs it be for 
 fome reafonable caufe to be allowed as aforefaid, or at the end of 
 his term depart without a quarter's warning before two witnefTes ; 
 or if nny perfon bound to ferve in hufbandry or otlier arts above 
 remembred, by the year or otherwife, do on requeft refufe to 
 ferve for the wages to be limited, by this flatute ; or promife to 
 
 ferve, and do not ferve, then, on complaint and conviftion 
 
 before two julliccs, or mayor and two aldermen (or two difcreet 
 burgeffes where there are no aldermen) he fhall be committed to 
 ward until he fhall be bound to ferve and continue for the wages 
 that Ihali be then limited ; and to be difcharged upon his delivery, 
 without any fee to the gaoler. 5 EL c. 4. /. 9. 
 
 And the forfeitures not otherwife appointed by this aft, fhall 
 be half^ to the king, and half to him that fhall fue in any of the 
 king's courts of record, or before the juflices of oyer and termi- 
 ner, or before any other juflices before remembred; and the faid 
 jurtices, or two of them (i i^.) and the faid mayors or other head 
 ofHcers, fhall have power to hear and determine all offences againft 
 this ftatute, as well upon ir^diftment in the fefhons of the peace, 
 as upon information, attion of debt, or bill of complaint; and 
 (hall yearly in Muhce'mos term eflreat the forfeitures into the ex- 
 chequer, in like manner as other ellreats. f. 59. 
 
 And all fine.- and forfeitures which fhall arife by reafon of any 
 oflences in this att, within any city or town corporate, fliall be le- 
 vied by fuch perfon as fhall be appointed by the mayor or other 
 head officer, to the ufe of the fame city or town corporate, as 
 other fines and forfeitures by the charter. /. 45. 
 Women tomp-l- 4. Two juftices (or the mayor or other head officer of a town 
 lable to ferve. corporate, and two aldermen, or two difcreet burgefles if there 
 be no aldermen) may appoint any fuch woman as is of the age of 
 12 years, and under 40, ^nd unmarried, and forth of fervice, 
 as they fhall think meet, to ferve, or be retained to ferve by the 
 year, or by the week or day, for fuch wages, and in fuch reafon- 
 able fort and manner as they fliall think meet : and if any fuch 
 woman iLall refufe fo to I'ervc, they may commit her to ward, 
 
 until 
 
^tt^ants. 389 
 
 until flic fliall be bounden to Terve as is aforefafl. 5 EI. c. 4. 
 
 And if a woman who is a fervant fliall marry, yet ihe mufl 
 ferve out her time, and her huiband cannot take her out of her 
 mafter's fervice. Dalt. c. 58. lVocd%(). 
 
 5. If a perfon retain a fervant generally, without expreflirg R«ain" to bt 
 any time, the law fhall conftrue it to be for one yeai , for that re- ^°^ * J^*""* 
 tainer is according to law. 2 hifi. 42. 
 
 And if a man retaineth another, except the retainer be accord- 
 ing to the ftatute, it feemeth to be void ; unlds it be by indenture, 
 and then being by deed, he is bound by his covenant. Duh. Old 
 Ed. f . 3 I . 
 
 6. By the retainer, the fervant is in fervice prefently by the '^"/""*'''* '^^ 
 law, altho' he coraeth not iuto his mailer's fervice indeed, bait. ^•^S|"""'8° 
 
 <. S8. 
 
 7. If a fervant be within age, his agreement with his roafter to Infant hiring, 
 his difadvantagc (hall not prejudice him. Dc.lt. c. 58. 
 
 8. If a married man and his wife do bind themfelves to ferve, Married perfon 
 they Ihall be compelled to ferve according to their covenant or '""2" 
 agreement. Dalt. c. 58. 
 
 9. \i a fervant retained for a year, happen within the time of ^^i^^'nt falling 
 his fervice to fall fick, or to be hurt or difabled by the aft of god, ' 
 
 or in doing his mafter's bufmefs ; yet the mailer mud not therefo/e 
 put fuch fervant away, nor abate any part of his wages for futh 
 time. Dalt. c. 58. 
 
 //. Rating of Wages. 
 
 I. The juflices of every ftiirc, riding, and liberty, or the Rsting wages, 
 more part of them, being then refiant within the fame, and the 
 ftierifF if he conveniently may, and every mayor and other head 
 cflicer within any city or town corporate, wherein is any jullice of 
 the peace within the limits of the iaid city or town corporate, and 
 of tjie faid corporation, (hall yearly at Ecjitr felfions, or wiihin 
 6 weeks next after, afiemble, and call unto them fuch difcreet 
 and grave perfons as they iliall think meet, and having refpecl to 
 the plenty or fcarcity of the time, and other circuoiilances, fliall 
 have authority to limit, rate, and appoint the wages as well of 
 fuch the faid artiticrrs, handicraftfmen, hufbandmen, or any other 
 labourer, fervant, or worknian, whofe wages in time pall have 
 been by any law or ftatute rattd and appointed, as alio the wages 
 of ail other labourers, arcifi.ers, workmen, or apprentices of huf- 
 bandry, which have not been rated, as they Ihall thir.k meet by 
 their dilcretions, to be rated, liaiited, or appointed by the year. 
 Or by the day, week, month, or otherwife, with meat ard dunk, 
 or vvithout meat and drink, and what wages every workman or 
 labourer Ihall take by the great, for mowing, reaping, or thieih- 
 ing of corn and grain, or for mowing or making of hay, or lor 
 ditching, paving, railing, or hedging, by the rod, pearch, lugg, 
 yard, pole, rope, or foot, and for any other kind of rtafonable 
 labour or fervice. 5 £"/. r . 4. / 1 5 . 
 
 Cc 3 A.d 
 
390 S>ert)ants* 
 
 And by the i 7- c. 6. The juftices, or the more part of them, 
 rcfiant in any riding, liberty, or divilion, where fhe feflions are 
 feverally kept, rtiall have power to rate the wages within fuch di- 
 vifion, as if the fame were done in the general feflions for the 
 county. / 5. 
 
 And by the fame flatute of 1 J. c. 6. The faid ad of 5 El. 
 fliall extend to the rating of wages of all labourers, weavers, 
 fpiiiflers, and worknnen or workwonnen whatfoever, either work- 
 ing by the day. week, month, year, or taking any work by the 
 great or otherwife f. i. 
 
 But no clotaier being a jul^ice of the peace in any precinf: or 
 libe ty, (hall be a rater o^ wages tor ilie making of clotn ; and if 
 there be not above two jiilhces in fuch preempt, but (uch as are 
 clothiers, the wages {hall be rated by the major pan of the com- 
 mon council of fuch precind, and fuch juftices (if any there be) 
 as are not clothiers, id. f 9. 
 
 And if any juliice refiant within the county, or mayor, fhall 
 be ablent at the ratng of wages, and i.ot hindred by ficknels or 
 other lawful caufe, to be allowed by the juft.ccs 'hen aflenibled for 
 rating of wa^ s, upon the oath and affidavit of fome crediiile 
 perlon, he ihall forfeit to the k'ng 10/ to be recovered in the fef- 
 fions or other cojrt of record, by indidtment or otherwife. 5 Eh 
 f. 4. /i7.^ 
 
 ' And the juftices fhall yearly, between ^ep. 29. and Htc. 25. and 
 between Af^rfii* 25, ano une 2.. make fpecial and diligent en- 
 quiry of the good execution of ^nis flatute, and punifh defaulters 5 
 and fhall have for every day thar they fit about the execution there- 
 of {not exceeding 3 days at a time) 5 s. each, out of the forfeitures 
 due to the king. /" 37, 38. 
 Fate? to fce pro- 2. By the aforefaid ad of 5 El. the rates were to be certified 
 claimed. j^^q jJ,^ chancery ; but by the i 7. c. 6. they need not to be cer- 
 
 tified into the chancery, but (hall be kept amongft the records of 
 the county or town corporate. / 8. 
 
 And after the fdid rates are made and ingrofTed in parchment, 
 under the hands and ftals of the perfons having authority to rate 
 the fame, the fherifF, or mayor, may caufe proclamation thereof 
 to be made, m fo many places as to them fhall feem convenient ; 
 and every perion fhall be bound to obferve the fame. id. J 6. 
 Civ^nemeTr; 3* ^^ ^"^ perfon upon the proclamation publifhed, fhall di- 
 
 than IS rated. Teftly or indireftly, retain or keep any fervant, workman, or la- 
 bourer, or fhall give any more or greater wages, or other com- 
 motiity, than fhall be fo appointed in the faid proclamation ; he 
 fhall on conviction before any of the juftices or other head officers 
 above remerobred, be iniprifoned for ten days without bail, and 
 fha.l forfeit 5/. half to the kipg, and half to him that (hall fue 
 before the faid juftices in their feffions q El. c. 4. /. 18. 
 
 But yet mafters may reward a well ieferving fervant, over and 
 above his wages, according as he fnall deferve, fo it be not by 
 way of promile or agreement upon his retainer. Dalt. c. 58. 
 Taking jrxre. 4- ^'^^ every perfon that ihall be fo retained and take wage| 
 contrary to the faid ftatute of the t; El. or to the faid proclama- 
 tion, and fhall be thereof convidfd before the juftices afortfaid, 
 i ' ' " ' '■ ' ' ft? 
 
&tt\)mts. 391 
 
 or any two of them, or before the mayor or other head officers 
 afbrefaid, he ihall be imprifoned for 21 days without bail. 5 EL 
 f. 4./. 19. 
 
 5. And every retainer, promifc, gift, or payment of wages, Contraft to tbe 
 or other thing, contrary to tlic faid aft, and every writing and conuary, voi4 
 bond to be made for that purpofe, (hall be void. 5 EJ. c. 4. 
 
 /• 23- 
 
 6. If any clothier, or other, fhJl refufe to pay fo much wages pay5„g kf, x\aa, 
 to their weavers, fpinllers, workmen, or workwomen, as ihall be ii utej, 
 rated ; and be convicted thereof by confeflion, or oath of two 
 
 witnefles, at the aflizes, or felTions, or before any two jartices 
 ( I ^) ; he (hail forfeit \o s. to the party grieved, to be levied by 
 diilrefs and fale. i J. e. 6. / 7. 
 
 7. M. I Jn. ^ and Gauche. An order was made by the ju- Ordering the 
 IHces for payment of wages, for work and labour in hufbandry : payment of 
 The exception was. That it d;d not appear to be ftatute wages, ^JM. 
 
 and fuch only are within their juriidiilftion. By the court ; Tho' 
 the ftatute gives tliem a power only to fet the race for wages, and 
 not to order payment ; yet grafting hereupon, they have alfo 
 taken upon them to order payment, and the courts of law are in- 
 dulgent in remedies for wages, and therefore they would intend 
 it fuch wages as were within the ftatute, unlefs the contrary appear 
 upon the face of the order. 2 Slal.k. 441. 
 
 xAnd in the cafe of K. and Grtgox, 2 Salk. 484. There was 
 an order to pay 40 s. for wages generally ; and becaufe it was not 
 laid for wages in hufliandry, it was moved to quafh it, for that 
 the juftices can only fettle wages in hujhandry : But by the court j 
 We will intend it Jor fuch wages, ftnce the contrary does not 
 appear. 
 
 But in the cafe of K. and Helling^ M. 3 G. There was an in- 
 diftment for not paying fervants wages, reciting an order of two 
 juftices, whereby it appeared, that 9/. was due, which the de- 
 fendant refufed to pay, having had notice of the order. It was 
 moved to quafh the indidment, becaufe it doth not fet out the 
 labour of the fervant, and is only generally for wages ; the juftices 
 have only jurifdiftion in cafe of huft^andry ; and the order ought 
 to fhevv, that this was a matter within their jurifdidion. By Eyre 
 J. the praftice is if an order be for paying wages, it is fuppofed 
 to be fuch as the juftic s have power over. But Parker Ch J. and 
 Pratt J. were of another opinion. And in the next term follow- 
 ing the indictment was qualhed. Str. 8. 
 
 And in the cafe of K. and Cleg, M. 8 G. It was faid by For- 
 Ufcue J. that in jlip cafe of fervants wages, although juriidiclion 
 is given only in hulbandry, yet orders have been held good, 
 where it did not appear chat the (ei vice was in hulhandry ; for the 
 cpurt faid they would iptend it ib, unlefs the contrary appeared. 
 But by Prait Ch. J. This was always wondred at, and in my lord 
 Parker % time it W4s actually contradicted in the cafe of K. and 
 
 Htlling. Str. 475. 
 
 In Bycra/i''s cale, 5 McJ. 140. A juftice made an order for 
 payment of a /<-//«. ?«'s wages ; but in an adion brought againlt 
 hii^, the pUiniifi recovered 30/. damages. 
 
 C c 4 it/. ? 
 
392 S)eruatttg« 
 
 M. 8 An. ^ and CecilL An order upon a mafler to pay wage* 
 in hulLandry, was quaftied, becaufe it was made upon the fer- 
 vant's oath, which is againft law, and no power given in the fta- 
 tute to admit fuch oath as evidence. L. Raym. 1305. 
 
 But by other ftatutes hereafter following, fuch oath is allowed 
 as evidence ; but upon this ftatute it was not ncceffary, becaufe in 
 order to intitle the fervant to wages, he needed not to prove how 
 much his mafter had agreed to pay him, for that was fixed by the 
 juftices, but only how long he had ferved, and then the wages 
 followed of courfe ; and this might be proved by many others as 
 well as by himfelf. 
 
 ///. 'Time of working for labourers. 
 
 All artificers and labourers, being hired for wages, by the day, 
 or week, fhall betwixt the midft oi March and Septimber^ be and 
 continue at their work, from 5 in the morning till after 7 at right 
 (except in the time of breakfaft, dinner, or drinking, which IhaU 
 not exceed two hours and an half in a day, that is to fay, at every 
 drinking one half hour, for his dinner one hour, and for his fleep, 
 when he is allowed to fleep, that is, from the midft of May to the 
 midft of Augufi, half an hour at the moft, and at every breakfaft 
 one half hour :) And all the faid artificers and labourers, between 
 the midft of September and the midft of March, {hall be and con- 
 tinue at their work, from the fpring of the day in the morning, 
 until night, except it be in the time afore appointed for breakfaft 
 and dinner ; on pain to forfeit i d. for every hour's abfence, to be 
 deduded out of his wages. 5 El. e. 4. /. -i 2. 
 
 IF. IForking in harvefi. 
 
 t. In the time of hay or corn harveft, the juftices of the peace, 
 and every of them, and alfo the conftable or other head officer 
 of every townftiip, upon reqiieft, and for avoiding of the lofs of 
 any corn, grain, or hay, ftiall caufe all fuch artificers and perfons 
 as be meet to labour, by the difcretions of the faid jaftices or 
 conftable?, or other head officers, or by any of them, to ferve by 
 the day, for the mowing, reaping, ftiearing, getting, or inning 
 of corn, grain, and hay, according to the Ccill and quality of the 
 perfon ; and that none of the faid perfons fliall refufe to do, on 
 pain to fuffer imprifonment in the ftocks, by the fpace of two 
 days and one night: And the conftable of the town, or othfr 
 head officer, on complaint to him made, ftiall fet him in the ftocks 
 aecordingly, on pain of 40 j. half to the king, and half to him 
 that ftiall fue in the feffions, or other court of record ; and if it is 
 in a town corporate, then to the ufe ot fuch town, as other fines 
 by the charter. 5 El. c. 4. /. 22. 
 
 Provided, that all perfons of the counties where they have ac- 
 cuftomed to go into other fliires for harveft work, and having at 
 that time no harvtft work fuffitient in the rame towa or county 
 where they dwelt in the winter laft paft, bringing with them a 
 twliaionial under the land and ftal of one jaftice of the fliire, or 
 * - I Other 
 
^ert)antg. 393 
 
 other head officer of the town or place that they come from, tefti- 
 J^ing the fame, for which he fhall pay not above i J. (other than 
 fuch perfons as fliall be retained in fervice) may repair, in harvell 
 of hay or corn, into any other county or place for the only mow- 
 ing, reaping, and getting of hay, corn, or grain, and for the 
 only working of harveft works, as they might have done before 
 the making of this aft. / 23. 
 
 2. And by the 13^ 14 C 2. r, 12. A perfon may go abroad 
 to work in harveft, carrying with him a certificate from the nii- 
 nifter and one churchwarden or overleer, that he hath a dwelling 
 houfc or place in which he inhabits, and hath left wife and chil- 
 dren, or fome of them there [or otherwife as his condition (hall 
 require) and declaring him an inhabitant there, f. 3. 
 
 And by the vagrant aft of the 17 G. 2. Pcrlons carrying with 
 them fuch certihcate, fhall not be liable to be apprehended as 
 vagrants. 
 
 V. Leaving zvork iinjinijhed. 
 
 Every artificer and labourer, that fhall be lawfully retained in 
 and for the building or repairing of any church, houfe, fliip, mill, 
 or other piece of work taken in great, in taflc, or in grofs, or that 
 fliall take upon him to make or finifh any fuch work, fhall conti- 
 nue and not depart from the fame, unlefs it be for not paying of 
 his wages or hire agreed on, or otherwife lawfully taken or ap- 
 pointed to ferve the king, or for other lawful caufe, or without 
 licence of the mailer or owner of the work, or of him that hath 
 the charge thereof, before the hnifhing of the faid work, on pain 
 of iraprifonment for a month without bail or mainpriie, and the 
 forfeiture of 5 / to the party from whom he lliall fo depart, for 
 the which the faid party may have his aftion of debt in any of 
 the king's courts of record, over and befides fuch ordinary cofts 
 and damages as may or ought to be recovered by the common 
 laws, for fuch offence. 5 El. c 4. f. 13. 
 
 And no other artificer or labourer, retained in any fervice, to 
 work for the king, or any other perfon, fhall depart from his 
 faid majefty, or from fuch other perfon, until the work be finifhed, 
 if the perion fo retaining th« artificer or labouier fo long will 
 have him, and pay him his wages; on pain of imprifonment for one 
 month. / 14. 
 
 VI. Tejlmonial. 
 
 None cf the faid perfons retained in hud^anJry, or in any the 
 arts above remembred, after the time of his retainer expired, 
 fhall depart forth of one city, town, or parilh, to another ; nor 
 out of the lathe, rape, wapentake, or hundred ; nor out of th» 
 county where he la;^ ferved, to ferve in any other city, town 
 corporate, lathe, rspe, wapentake, hundred, cr county ; unlefs 
 he have a. tcftinionial under the feal of the faid city or town cor- 
 porate, or of the conftable or other head ofHcer, and of two other 
 boneft houfholderr- of th'^ ci"y, to^vn. or pariJh where he laft ferved : 
 Which teflimonial fhall be in this form, 
 
 M(moran4um, 
 
394 ^tti)mts. 
 
 M.ynoranJum, That A. B. late fcrvant to CD- of IL. huf- 
 handman, or t ay lor, &c. in the faid county ^ is lie en fed to depart 
 Jrom bis faid majler, and is at his liberty to fer've ilfe-xuhere, ac- 
 tording to the Jiutute in that cafi mcde and pro'vid-d. In luitnffs 
 ivhereof. Sec Dated the day, month, ye-ir, and place, &:c. of the 
 making thereof: 
 
 Which teftimonial fhall be delivered to the faid fervant, and 
 alfo regiftied by the minifter of the parifh ^vhere the marter dwells, 
 taking 2 d. for the fame. 5 £/ c \. f. to 
 
 And no perfon that (hall depart out of a fcrvjce, ftial! be re- 
 tained or accepted into any other fervice, without (hewing (before 
 Kis retainer) fach tefti.-nonial, to the chief officer of the town 
 corporate, and in every other town ana place, to the conftable, 
 curate, churchwarden, or other head ofHcer ; on pain that every 
 fuch fei vant fo departing without fuch telbmonial, Ihall be impri- 
 foned till he procure one; which if he cannot do in 21 days, he 
 ftiall be whipped and uied as a vagabond, according to the laws in 
 fuch cafe provided ; and every perfon retaining fuch fervant, 
 without fliewing fuch tcilimonial, (hall forfeit 5 /. half to the king, 
 and half to him that fhall fue in the fefTions or other court of re- 
 cord ; and if any fuch perfon be taken with a counterfeit tertimo- 
 riial, then to be whipped as a vagabond, f. \\. 
 
 By the common law, if a man retained another man's fervant, 
 rot knowing that he was retained with him, this ignorance excu- 
 fed him of the offence ; but now the mafter may, and muft take 
 notice, whether he hath a teftimonial or no ; otherwife, if he hath 
 no te(\imonial, fuch maftcr is liable by this ftatute to the penalty 
 of 5/. Dr. ^St. 149. 
 
 And it were to be wifhed, that this good law concerning the 
 teftimonial were enforced and put in due execution ; the want 
 whereof is the only adequate caufe of the cxceffive dearnefs and 
 infolence of fervants which is now fo univerfally complained of j 
 becaufe it renders all rating of wages utterly vain and ineffeftual ; 
 for if the wages are limited in one (hire, the efFeft of that is no 
 more than drivmg the fervants into another fhire where the wages 
 are not rated : which can only be prevented by a general concur- 
 rence in not fufFering them to depart, or not receiving thenJi 
 without fuch licence or teftimonial. 
 
 yjj. Servant fleeing into another Jhire. 
 
 If any fervant of hufbandry, or of any art, fcience, or occu- 
 pation aforefaid, flee into another fhire, it fhall be lawful for the 
 juftices of the peace, and the faid mayors or other head officers 
 being juftices of the peace, to ifTue writs of capias, directed to 
 the fherifFs of the counties, or other head officers of the places 
 whither he fhall fiee, to take his body, returnable before them at 
 what time fhall pleafe them ; fo that if they come by fuch procefs, 
 £hey be put in prifon till they fhall find fufficient furety well and 
 honcilly to ferve ihsir ^^afters, 5 EL t. 4. /. 4 t. 
 
 • Ar4 
 
I 
 
.S)ert3atits. 395 
 
 And by the 24 G. 2. c. 55. If a juftice fliall iffuc a warrant 
 «gainll fuch perlbn, and he (hall elcape into another (hire ; the 
 conflable or other perfon, on having the warrant indorfed by a 
 julHce in fuch other (hire, may arreil him there, and carry him 
 before ajaftice in fuch other (hire, if the offence is bailable, to 
 find bail, or elfe (hall carry him back before a juftice in the Ihiic 
 from wiience the warrant did firft ilfue. 
 
 VIII. Servant aJfauUing his majier. 
 
 If any fervant, workman, or labourer, (hall wilfully or mali- 
 cioufly make an affault or affray upon his mafler or miftrefs, or 
 upon any other having charge or overfight of fuch (ervant or 
 labourer, or over the work wherein he is hired to work, and fhall 
 be thereof convided before any two juftices, or other head officer 
 aforefaid, by confcffion, or oath of two witneflTes, he fhall be 
 imprifoned tor a year, or lefs, by the difcretion of two juftices 
 Out of a town corporate, and in a town corporate of the mayor 
 or other head officer with two others of the difcreetei^ perfons of 
 the fame corporation : And if the offence fhall require further 
 puniOmient, then to receive fuch other open punifhment fo as it 
 extend not to life or limb, as the jullices in feffions, or the mayor 
 or other head officer, and fix or four at leal^ of the difcreeteH: 
 perfons of the corporation, fhall think convenient for the quality 
 of the offence. 5 £/, r, 4. / 21. 
 
 JX. How far the majier /; allovjed to beat his fervant. 
 
 The mafter is allowed by law, with moderation to chaftife his 
 fervant. Dclt. c. 58. 
 
 And where a mailer, in correding his fervant, happens to oc- 
 cafion his death, it fhall be deemed homicide by mifadventure; 
 yet if in his corredion he be fo barbarous, as to exceed all bounds 
 of moderation, and thereby occafion the fervant's death, it is 
 manflaughter at the lead ; and if he make ufe of an inflrument 
 improper for corredion, and apparently indangering the fervant's 
 life, as an iron bar, or fvvord. or kick him to the ground, and 
 then ftamp op his belly and kill him, it is wurder. { Haiv. 73, 
 
 74- 
 
 And if the fervant (hall depart out of his mailer's fervice, and 
 
 the mafter happen after to lay hold of him, yet the mafter in 
 
 this cafe may not beat or forcibly compel his faid fervant againfl 
 
 his will to return or tarry with him, or do his fervice; but either 
 
 Jie muft complain to the juilices, for his fervant's departure, or 
 
 Jie may have ap aftipn of co\ enant againft his fervant. Dalt. c. 
 
 X Hm 
 
96 ^ttbants. 
 
 X. How far the tnafter wip.y heat another in defence 
 of his fervanti or the fervant in defence of his 
 majler. 
 
 According to fome opinions, a mafter fhall not forfeit a rccog- 
 rifance of the peace, for beating another in defence of his (cx- 
 vant, nor the fervant for beating another in defence of his maftcr, 
 I Haiv. 131. 
 
 But in the cafe of leeward and Bo filer, M. 7 W. It was held 
 by the court, that a fervant may juftify an afTault in defence of hit 
 nwiler, but not a mafter in defence of his fej vant ; becaufe he 
 so'ght have an aflion for the lols of his fervice. i Sali. 407. 
 
 XL Servants firing houfes. 
 
 If any menial or other fervant, thro' negligence or careleflhefs, 
 Aall fire or caufe to be fired any dwelling houfe or out houfe, and 
 be convided thereof by oath of one witnefs, before two juftices, 
 he (hall forfeit 100/. to the churchwardens, to be diftributed 
 amongft the fufFerers by fuch fire ; and if he Ihall not pay the fame 
 immediately, on demand of the churchwardens, he friall be com- 
 mitted by the faid jurtices to fome workhoufe or houfe of correclion 
 for 18 months, there to be kept to hard labour. 6 Jn. c. 31. / 3. 
 
 XII. Servant jlealing his majier^s goods. 
 
 By the 21 H. S. e- J. If any fewant to nxshom any gooJs Jhall 
 hy his m< fi(r or miflrffi he d liver ed to be ke>t, Jhall go anjuay there- 
 'with, to the intent to Jieal the fame ; or, being in his tnojier or 
 mijlreji's ferwice, <u:ithout his or her ajfent, Jhall imhexil or other - 
 nuife con-nert the fame to his onjjn ufe, luith like purpo/e to Jieal it, 
 if the j'ame be of the rvalue of 40 s. or abovey he Jhall be guilty oj 
 felony ; but this not to extend to any apprentice, or any perfon nvithin 
 the age of 1 8 yean. 
 
 By his majicr or mijlrefs'] If the mafter's wife deliver goods of 
 the mafter, to the fervant to keep, and he goes away with them, 
 it feems this is witnin the ftatute, for he hath them by delivery 
 of his milVefs ; and the mafter's wife is as well his miftrefs, $s if 
 (he were fole. i H. H. 668. 
 
 Be delivered to be k'-pt'] This ftatute was introduftive of a new 
 law, when the goods were aftualiy ddi'vered to the fervant that 
 goee away with chem ; for where there is fuch a delivery, it could 
 not at the common law be a felony, i U- H. 667. 
 
 But yet a fervant may be guilty of felony at common law, if 
 he tnke the goods of his mailer feloniouily, nay, the' they be 
 goods under hib charge, as a ihepherd. butler, and the like ; and 
 for this he may be indidled at this day as a felony at con-mon 
 law : and of this felony at common law an apprentice, or ftrvant 
 under the a^e of 1 8 years, may be guilty, and indiftcd thereo.^ at 
 common law. i K. IL 667. 
 
 Avd 
 
§>ecl)ants* 397 
 
 And therefore tho' this ftatute exempt an apprentice or fervant 
 Under i8, from the pain of felony enafted de nouo by this flatute, 
 namely, where goods are aftually delivered to him, yet it leaves 
 him in the fame condition as to any felony at common law, as if 
 he were not excepted ; and therefore if a butler or ihepherd, un- 
 der the age of 18 years, or if an apprentice take away his ma- 
 fter's goods felonioufly, without an adual delivery, tho' they are 
 under the value of 40 /. he is indiftable of felony at common 
 law. I //. H. 667, 668. 
 
 If a man delivers to his fervant the key of his chamber door, 
 and the fervant taketh away bis matter's goods in the chamber 
 (above the value of 12 d.) this is felony at the common law, for 
 the goods were «c/ dV/Z'X'fr^^fl', Dalt. c. 15J. 
 
 If a man appoints his fervant to take and carry corn to market, 
 and to take his horfe to carry the fame upon, and the iervant 
 gocth away with the corn or horfe ; this is felony in the fervant, 
 if the goods he fo gocth away with, be all to the value of 40/. 
 Dalt. c. 155. 
 
 But if the fervant waftefully confumerh the goods, and r«- 
 turneth again to his mafter, this is no felony. D.ilt. c. 155. 
 
 If the mafter deliver an obligation to his fervant, to receive the 
 money thereby due, and the fervant receive the money, and goeth 
 away with the fame, with intent to fteal it; this is no offence 
 within this ftatute, becaufe he had not the money of the delivery 
 of his mafter. 3 A//?. 105. 
 
 So if the mafter deliver to his fervant wares or merchandizes to 
 fell, and he felleth the fame, and goeth away with the money as 
 before, this is no offence within this ftatute for the caufe aforefaid. 
 3 hijl. 105. 
 
 So if the fervant receiveth above 40 j. of his mafter's rents, 
 and run away therewith, it is no felony ; for the ftatuce is, where 
 the malter delivereth it to keep. Dalt. c. 155. 
 
 But it is held, that if the mafter deliver to the fervant 20 /. ia 
 filver, to change it into gold at the goldfmith's, or leather to 
 make fliocs, and he run away with the gold or ihoes, it is felony^ 
 1 H. H. 668. 
 
 Shall he guilty of ftlony] But not without benefit of clergy. 
 But by the 12 /!n Ji. \. c. 7. Every perfon who (hall fteal goodj 
 to the value of 40 j. out of any dwellmg houfe, akbo' it be not 
 broken open, (hall be guilty of felony without benent of clergy : 
 But this not to extend to apprentices under i 5 years of age. 
 
 And mjo/hua ComnxaW^ cafe, M. 4 G. 2. it wa? acjjdged, 
 that a fervant may be guilty of burglary with refpeft to his mailer's 
 goods, although he did not break and enter, nor take, nor carry 
 the goods away. Which was thus : The fervant in the night 
 opened the fireet door, and let in the thief, and fhevved him the 
 fide board, from whence he took the plate ; then the fervant open- 
 ed the door, and let him out, but did not go out with him, but 
 went to bed. Upon the trial it was doubted, whether this was 
 burglary in the fervant, he not going out With the other ; where- 
 foic it was ordered to be found fpecially. And aficrward« at a 
 
 meet.r.^ 
 
398 MtMntS. 
 
 meeting of all the judges at Serjeants- Inn, they were all of opinvof! 
 that it was burglary in both. And upon report of this opinion the 
 oext feflions, the defendant was executed. Str. 88 1. 
 
 XilL Difputes between filkmajlers and their workmen. 
 
 t. By the 13^ 14C. 2. f. 15 Every filk winder and dou- 
 bler, who fhall unjuftly, or deceitfully and falfly purloin, imbezil, 
 pawn, fell, or detain any part of filk delive: ed to them to wind 
 or double, in every fuch cafe, as well the winder or journeyman 
 fo offending, as the buyer and receiver thereof, being lawfully 
 convidted, by confelTion, or oath of one witnefs, before one ja- 
 ftice (or mayor), fhall render to the party grieved fuch fatiifadion 
 for his damage and lofs :;nd charges, as the juftice fhall order. 
 
 But no more damages fhall be given, thaft the party grieved 
 fhall prove he is damnified, and hath expended ; and if the party 
 fliall not be able, or do not make recompence in 1 4. days after 
 conviftion, he fliall for the firft offence be apprehended and 
 vhipped, or fet in the flocks where the offence was conjmitted, 
 or in fome market town near, in the faid county ; and for the 
 fecond offence, to incur the like, or fuch fuither punifhment by 
 whipping or being put in the flocks, as fuch juflice fhali think 
 convenient. J. 7. 
 
 2. And by the zo C. 2. c. 6. If any filk winder or doublet 
 (hall be found faulty, in unjuftly, deceitfully, or falfly purloin- 
 ing, imbezilling, pawnina;, felling, or detaining any filk com- 
 mitted to his iruii ; anyjaflice, or mayor, fhall immediately on 
 convidion by confeffion, or oaih of one witnefs, commit him to 
 prifon or hojfe of corredtion, till fatisfadion be given to the 
 party wronged, or punifhment iuHicled as by the . 3 (s' 14 C. 24 
 is appointed. 
 
 3. And by the 8 fe"" 9 JV. c. 36. Every perfon that fh II em- 
 bezil, pawn, fell, or detain any filk deliverej to him to be 
 wrought, or after it is wrought up, and alfo the receiver and 
 buyer thereof, or fuch as take the fame to pawn, fhall be fubjedl 
 to all the penalties of the i 3 ^ 14 C. 2. c. 15. ai.d the 20 C. 2. 
 C.6. 
 
 XIF. Difputes between clothiers and thrir workmen. 
 
 I. By the 4 Erf. 4. c. 1. Clothmakers fhall p-'v to rhe carders, 
 and fpinfters, and other labourers, their wages ia money and not 
 in goods, and deliver wool to them to be wro glit accordmg to 
 the due weight thereof; on pain of forfeiting tr ole value of the 
 wages, and for every delivery of exceflive weig t 6<j'. _/! 5. 
 
 And every carder, fpinfter, weaver, fuller, f learman, and dyer 
 Ihall duly perform his duty in his occupation, on pain of double 
 damages to the party grieved. / 6. 
 
 And every juflice of the peace, mayor, mailer, warden, bai- 
 liff, portreve, cc.nflable of hundred, and ftc ward of leet, may 
 hear and determine the fame, and commie the offender to the 
 
 next 
 
f 
 
^ertaftits. 399 
 
 next gaol* till the faid daties, forfeitutes, and damages be paid. 
 And any perfon not grieved may inform ; in which cafe, the of- 
 fender ftiall forfeit to the king, or to fuch perfon as fhall be in- 
 titled to fires or amerciaments, 3 j. ^d. And they may grant like 
 procefe, as julUces of tne peace may do for furety of the peace, 
 without any fee to be taken for the execution of their ofRccs in 
 this behalf. /". 6. 
 
 2. By the 7 7. c 7. Every forcer, carder, kember, fpinfler, 
 and weaver, who (liall unjuftly, falfly, or deceitfully convey, im- 
 bezil, purloin, fell, or detain any part of the wool or yarn deli- 
 vered by any clothier, maker of bays, fays, or by any other per- 
 fon making fuch cloths or fluffs, and alto the buyer and receiver 
 thereof, knowing the fame, being thereof convided by confef- 
 fion, or oath of one witnefs, before two juflices, or before the 
 mayor and one of the aldermen or molt fubllantial perfons of a 
 town corporate, fliall make fuch fatisfadtion for damages, as the 
 faid juflices or chief officers fhall appoint ; and if the offender 
 Ihall not by them be thought fufficient, or do not make fuch fa- 
 tisfaftion, he fhall for the firft offence be apprehended and 
 whipped, or fet in the ftocks where the offence is committed, or 
 in fome market town near in the fame county ; and for the fecond 
 offence, fhall incur the like or fuch further punifhment by whip- 
 ping, or being put in the ftocks, as the faid julUces or chief offi- 
 cers fhall think convenient. / 2. 
 
 And every fpinner that fhall receive any wool to be fpun into 
 yarn, for any clothier dwelling in CogJJmll, Bocki7ig, Braintree, 
 Haljieed^ Witam, or CoUhiJiciy and fhall deliver back the yarn 
 by any reel fhorter than two yards about, fhall be fabjed to the 
 like punifhment. / 4. 
 
 3. By the 10 An. c. 16. Every clothier, clothworker, card- 
 maker, or other perfon concerned in the trade of the woollen 
 manufadlure, fhall pay his workmen in money, and not in goods; 
 on pain of zos on convidion in 30 days, before one juflice, 
 on oath of one witnefs, half to the informer, and half to the 
 poor: If he fhall not pay m 14 days after convidion, the fame 
 to be levied by the conlbble by warrant of fuch juftice, by di- 
 flrefs ; and where no fufficient diftrefs can be found, to be com- 
 mitted to the gaol or houfe of corredion, to be kept to hard la- 
 bour not exceeeing 3 months. / 6, 7, 8. 
 
 Perfons aggrieved on this ad may appeal to the next feifions, 
 who may allow coils. / 9. 
 
 4. By the I G. ji. 2. c. 15. Every clothier, clothworker, 
 card maker, or other perfon concerned in the trade of the wool- 
 len manufadure, fhall pay his workmen in money, and not in 
 goods ; on pam of 40 i. or convidion (in 40 days) before one 
 juftice, on oath of one witnefs ; to be difpofed, if in London, to 
 the benefit of Chrifi^s hofpital, elfewhere to the poor where the 
 offence fhall be diicovered ; and if he fhall not pay in 30 days, 
 to be levied by the conftable, by warrant of fuch juftice, by di- 
 ftrefs ; and where no fufficient diftrcfs can be found, to be commit- 
 ted to the common gaol or houfe of corredion, to be kept to hard 
 li-bour for 3 kalcndar months. / 7, 8, 12. 
 
400 ^eri)ant5* 
 
 5. By the \t G. c. 34. If any perfon ihall, by day or niglit* 
 break or enter by force into any houfe or fhop, with intent to cut 
 or deftroy any ferge or other woollen goods in the loom, or any 
 tools employed in the making thereof, or fhall wilfully and mali- 
 cioufly cut or deftroy any fuch fergcs or woollen goods in the 
 loom, or on the rack, or (hall bum, cut, or deftroy any rack on 
 which any fuch ferges or woollen goods are hanged in order to 
 dry, or (hall wilfully and malicioufly break or deftroy any tools 
 ufed in the making (uch goods; he fhall be guilty of felony with- 
 out benefit of clergy. / 7. 
 
 6. By the 13 G. r. 23. Whereas difpuces have fHrifen, between 
 the clothiers and makers of woollen cloth, and the manufafturers 
 employed by them, concerning rbe length of the warping bars, 
 snd uncertainty of weights, by which wool, yarn, and other ma- 
 terials ufed in the manufafturing of woollen goods have been de- 
 livered out to the workmen, for quietmg the fame it is enafted, 
 that it ftiall not be lawful for any maker of mixed, medley, or 
 white cloth, to ufe any bars called warping bars, bat only fuch 
 which (hall be of the meafure and length hereafter appointed j that 
 is to fey, every long warping bar (hall be in length three yards 
 and three inches, and no more ; and every round warping bar 
 <hall be 4 yards and 4 inches round, and no more ; the faid 3 in- 
 ches on the long bar, and the faid 4 inches on the round bar, be- 
 ing in lieu of the over meafure ufually allowed in clofhs ; and alfo 
 that the thrums at the ends of the warping bars (hall not exceed 
 1 8 inches in length ; and if any maker of fuch cloth (hall ufe any 
 warping bar of other length or meafure, or with thrums exceeding 
 1 8 inches in length, he (hall forfeit 10/. / i . 
 
 Every maker of fuch cloth, or goods mixed with wool, fhall 
 give out all wool, yarn, or other materials, by weight at 16 
 ounces to the pound ; and (hall receive back the fame by the 
 fame weight, on pain of 5 /. f 2. 
 
 Offences againft this aft (hall be determined by two juftices, on 
 information on oath, within 3 kalendar months ; who fhall levy 
 the penalties by diftrefs, half to the informer, and half to the 
 poor; for want of fufficient diftrefs, to be committed to gaol 
 not exceeding 3 months, or until fatisfaflion be made. f. 4. 
 
 And all difputes and demands, relating to work, wages, or 
 damage?, between any clothier or maker of woollen goods, or 
 goods mixed with wool, and any weaver or other peiibn em- 
 ployed in fuch manufadures, ftiall be determined by two juftice?, 
 who fhall on complaint fummon the parties, and hear and ex- 
 amine on oath, and adjudge fuch fatisfadtion, and give fuch "cofts 
 and damages to the party grie\'cd, as they (hall judge reafonable, 
 and {(Tue their warrant to levy fuch cofts and damages (if not paid 
 in ten days) by diftrefs, and for want of fufficient diftrefs, fhall 
 commit the party to the county gaol or houfe of correftion, not 
 exceeding 3 months, or till fatibfaftion be made. f. 5. 
 
 Perfons aggrieved by order of fuch juftices, may appeal to the 
 next fdfion?, giving b days notice ; and the fcffjons may award 
 fuch cofts and damages as they fhall judge reafonable, and levy 
 the fame by diilrels ; and for want of fuffici:nc diltrel"?, msy com- 
 mie 
 
^tvMnts. 401 
 
 friit the party to the county gaol or houfe of cOrrei5lion, not ex- 
 ceeding 3 kalendar months, or till fatisfaftion be made : and no 
 proceedings herein fhall be rcinoved by certioraji or other procefs. 
 
 And one juftice, on information on oath, that any perfon is, 
 or is fufpefted to be, guilty of any the ill prafiices aforefaid, may 
 iflue his warrant to the conflable or other peace officer, or to any 
 churchwarden or overfeer, directing him in the day time to enter 
 into any houfe, fhop, warehoufe, or other fufpe£led place, to 
 fearch for and examine all fuch bars and weights as Ihall be made 
 ufc of for the purpofes before mentioned, by any fuch clothier or 
 maker of woollen goods ; and if fuch perfon fliall interrupt the 
 officer, he fhall forfeit 5/. / 7. 
 
 And every maker of mixed, medley, or white broad cloth, 
 fhall pay the weaver according to the number of yards, that the 
 chains are laid on the warping bars, and not otherwife, on pain of 
 5/. /9. 
 
 ^Xy. Di/ptites between majiers and fervants in the 
 iJOGolkriy " linen ^ fujlian^ cotton, and iron manufac- 
 tures \ by federal jiatutes. 
 
 I. By' the I ^« 7?. 2. f. i3. If any perfon employed in the 
 woollen, linen, fuilian, cotton, or iron manufadlurcs (hall ira- 
 bezil or purloin any wefts, thrums, or ends of yarn, or any other 
 materials of wool, hemp, flax, cotton, or iron, or Oiall reel fhort 
 or falie yarn, and Ihali be convifted by oath of one witnefs, or 
 Confeflion, before one juftice, he fhall forfeit double the value of 
 4hQ damages : And if he fliall negleft or refufe to pay the fame, 
 the juflicc fhall commit him to the houfe of correftion until fatis- 
 faftion ihali be made: And if it (hall appear to the juftice, that 
 he is not able to make fatisfadion, he fliall be there publickly 
 whipped, ans kept to hard labour not exceeding 14 days. /. i. 
 
 And every perlon buying or receiving any wefts, thrums, or 
 «nds of yarn, or other materials of wool, hemp, flax, cotton, or 
 iron, fhall fuffer in like manner, f. 2. 
 
 And all payments to the faid workmen, fhall be in money, and 
 rot in cloth, vi^Suals, or commodities ; and all wool delivered out 
 to be wrought up, fhall be delivered with declaration of the true 
 weight thereof; on pain that every offender in either of the faid 
 cafes, fhall forfeit double the value of what ftiall be due for fuch 
 work ; and if any fuch workman fiiall be guiky of any fuch fraud 
 or default, in the work by him done, he fhall anfwer double da- 
 mages. / 3. 
 
 And all wages, demands, frauds, and defaults of labourers, in 
 the faid manufadlures, concerning work done, fhall be determined 
 by two juftices, who may fummon and examine witnefTes on oath : 
 Perfons aggrieved may appeal to the feffions to be holden next 
 after notice of the order of the faid two juftices ; and if the fef- 
 fions give judgment againft the appellant, they fhall order him to 
 fay fuch celts as to them fhall feem meet. / 4. 
 
 Vol. II. D d 2. And 
 
40 2 ^crtjants* 
 
 2. And by the 1 3 G. 2. c. 8. If any perfon employed in the 
 working up of any woollen, linen, fuftian, cotton, or iron ma- 
 nufaduref, fliall purloin, embezil, fecret, fell, pawn, exchange, 
 or otherwife illegally dilpofe of any of the materials, whether the 
 fame or any part thereof be or be not firft wrought up, or fliall 
 reel (hort or falfe yarn, and fhall be convidled thereof as by the 
 1 Wfi. Jl, 2. c. 18. he fhall forfeit double value of the damages, 
 together with fuch coils as the juftice (hall judge reafonable ; and 
 if not paid immediately, the faid juftice (hall caufe him to be com- 
 mitted to the houfe of corredtion, to be whipped and kept to hard 
 bbour, not exceeding 14 days; and for a fecond, or other fubfe- 
 quent oft'ence, for fuch imbezilling or purloining, he fliall forfeit 
 fcpiir times the value of the damages, together with fuch cofts as 
 the juftice fliall judge reafonable; and if not paid immediately, 
 then fuch or any other juftice fliall caufe him to be commit- 
 ted to the houfe of correclion to be kept to hard labour for any 
 time not exceeding three months, nor lefs than one month, and 
 alfo during the time of fuch commitment fhall caule him to be 
 publickly whipped in the market town where he fliall be commit- 
 ted, at the market place or crofs, once or oftncr as to fuch juftice 
 fhall feem reafonable. /. i . 
 
 And the receivers of the fame fhall be fubjeft to the like penal- 
 ties. / 2. 
 
 And the forfeitures by both thefe adls fhall be half to the party 
 injured, and half to the poor ; with the like liberty of appealing 
 on this ad, as on the 1 Jn. id. J. 3. 
 
 XVL Difputes hetiveen majiers and th^r workmen^ 
 in the leathern manufactures ; hy the 1 3 G. 2 . 
 c. 8. 
 
 If any perfon employed in cutting, paring, wafliing, drefling, 
 fcwing, making up, or otherwife manufafturing of gloves, breeches, 
 leather, fkins, boots, ftioes, flippers, wares, or other goods or ma- 
 terials to be made ufe of in any the faid employments, or in any 
 branch or particular thereof, fhall fraudulently purloin, embezil, 
 fecret, fell, pawn, or exchange all or any part of the gloves, 
 breeches, leather, fkins, parings or flireds of gloves, or leather, 
 boots, fnoes, flippers, or other the faid wares, either before or 
 after they fhall be made into wares, and be thereof convided by 
 the oath of the mafter or owner, or other credible witnefs, or con- 
 feflion, before one juftice where the offence fliall be committed or 
 the offender fhall refide ; fuch juftice may award him to make fa- 
 tisfadion to the party injured, not exceeding double value of the 
 goods fo purloined or difpofed of, half to the party grieved, and 
 half to the poor, together with full charges attending the convic- 
 tion ; to be levied by diftrefs and fale ; and if he fhall not have 
 goods fufficient, and ihall not pay immediately, fuch juftice fhall 
 <:ommit him to the houfe of correclion or other publick prifon, 
 to be kept to hard labour for 14 days, and whipped in fuch man- 
 ner as the juftice fhall dired ; and for a fecond^ or other fubfe- 
 
 quent 
 
^ttMnts. 403 
 
 quent offence, he fliall forfeit four times the value of the damages, 
 together with fuch cofls as the juftice fhall judge reafonable ; iind 
 if not paid immediately, to be committed to the houfe of correc- 
 tion or other publick prifon, to be there kept to hard labour not 
 exceeding three months, nor lefs than one month, and alfo during 
 fuch commitment to be publickly whipped in the market town 
 where he fliall be committed, at the market place or crofs, once 
 or oftner as to fuch juftice fhall feem reafonable. / 4. 
 
 And every perfon who fhall knowingly or willingly receive any 
 the faid goods or materials, either from the perfon offending, or 
 from any other perfon (except the owner) or offer fo to do ; he 
 (hall, on like conviction, make fuch recompence in two days, or 
 elfe be fubjed to fuch diftrefs, and for want of fufhcient diftrefs be 
 liable to the like punifliment, as the perfons fo purloining or other- 
 wife difpofing thereof as above ; and fo in like manner for the fe- 
 cond and every fubfequent offence. / 5. 
 
 And all payments to workmen employed in the faid manufac- 
 tures, fhall be in money, and not in goods, except by their own 
 requeft and confent ; and all materials delivered out to be wrought 
 in fuch manufactures, fhall be delivered with a declaration of the 
 true weight, quantity, or tale thereof; on pain of forfeiting to 
 fuch manufadturer double value of what fhall be due for his work; 
 and if fuch labourer or manufacturer fliall be guilty of any fraud, 
 abufe, negleft, or default in the work by him undertaken to be 
 done, he fhall anfwer to the owner double damages. /. 6. 
 
 And all wages, demands, frauds, abufes, negleCts, and defaults 
 of labourers and manufacturers in the faid trades, concerning any 
 work done in fuch manufacture, fhall be determined by two ju- 
 llices, who may fummon and examine witnefTes upon oath. / 7. 
 
 Moreover, every perfon retained or employed in making up 
 any the faid manufactures, for any one mafter, and negleCting the 
 performance thereof, either by procuring or permitting himfelf to 
 be fubfequently employed by any other mafler, before he hath 
 compleated the work, fhall on conviction by oath of one witncfs 
 before one juftice, be fent to the houfe of correction, to be kept 
 to hard labour not exceeding one month. /. 8. 
 
 Perfens aggrieved by any order of the faid two juftices, may 
 appeal to the next feffions, giving 8 days notice ; and the felTions 
 may award cofts to either party. But no order of fuch two ju- 
 ftices fliall be appealed agamft, or quaflied, for want of form only. 
 
 XV 11. Difputes hefuoeen majlers and their workmen, 
 in the making of hats, or in the woollen, linen, 
 fufiian, cotton, iron, leather, furr, hemp, fiax^ 
 mohair, or filken manufa£lures ; by the iiG. 2. 
 c. 27. 
 
 - If any perfon hired or employed to make up any felt or hat^ 
 or to prepare or work up any woollen, linen, fuft:an, cotton, iron, 
 leather, furr, hemp, flax, mohair, or l":lk mantfaCtures, or any 
 
 D d 2 ro.tnu- 
 
404 ^ctl)ant5* 
 
 inanufaftures made up of wool, furr, hemp, flax, cotton, mohais, 
 or filk, or of any the faid materials mixed one with another, Ihall 
 purloin, embezil, or otherwife unlawfully difpofe of any of th« 
 materials with which he (hall be intruded, whether the fame be ot 
 be not firft wrought up, or (hall reel (hort or falfe yarn, and be 
 conviftcd thereof by the oath of the owner, or other credible vvit- 
 refs, or confeiiion, before one juitice where the ofrence fhall be 
 committed, or the party (hall refule, he fhall be committed to the 
 houfc of correction, or other publick prifon, to be kept to hard 
 labour for 14 days, and to be once publickly whipped, at the 
 market place, or other publick place where he (hall be committed ; 
 and for a fecond or other fubfequent ofFence, he fliall be commit- 
 ted in like manner, for any time not exceeding three months, nor 
 lefs than one month, to be kept to hard labour, and alfo to be 
 publickly whipped twice or oftner. f. i . 
 
 And if any perfon fliall be convidted as aforefaid, of buying, 
 receiving, or taking by way of gift, pledge, fale, or exchange, 
 or in any other manner, from any perfon whom he knows to be 
 employed to make or prepare any the faid manufaftures, any 
 thrums or ends of yarns, or any other materials of wool, furr, 
 hemp, (lax, cotton, iron, or any leather, mohair, or filk, whe- 
 ther the fame be or be not iirll wrought up, the confent of the 
 employer not being firft had ; or of buying or receiving in any 
 manner whatfoever, from any other perlbn, any of the faid mate- 
 rials, whether the fame be or be not firll wrought up, knowing 
 them to be purloined or embez;illed, he fiiall, for the (irft ofFence, 
 forfeit 20/. and if not paid immediately, the juftice (hall commit 
 him to the houfe of correftion or other publick prifon, to be kept 
 to hard labour for 14 days, unlefs the forfeiture be fooner paid; 
 and if it be not paid in two days before the expiration of the term, 
 he fhall be publickly whipped at the market place, or other pub- 
 lick place of the town, once or oftner, as the juftices fhall order ; 
 and for a fecond, or other fubfequent ofFence, he (hall forfeit 40/. 
 and if not paid immediately, he fhall be committed in like man- 
 ner, to be kept to hard labour not exceeding three months, nor 
 lefs than one month, unlefs the forfeiture be fooner paid ; and if 
 it be not paid in feven days before expiration of the term, he (hall 
 be publickly whipped twice or ofmer, as the jjftice fliall order : 
 And the laid forfeitures, after fatitfadion made thereout to the 
 party injured, with fuch cofts as fhall be adjudged by the juftice, 
 Ihall be equally dillributed among the poor of the parifh where 
 the ofFender fhall refide. / z. 
 
 (Which conviiftion (hall be in the form and words following ; 
 
 MiddlefexT) E it rcmemlred, that on the — day of in the 
 
 CO wit. Jj — year of his majejly's reign, A. B. nxjas con- 
 
 iniied bifore me [or a/] of his majejly's jujiicis of the peace 
 
 for the faid county of- [or, for the riding or di'vijicn of the 
 
 faid county of or, for the city^ liberty, or tovjn of- in the 
 
 faid county of as the cafe fliall be] cf buying, receit'ing, cr 
 
 tcking to pa^ion (as the cafc (hall be) fpecifying the mate- 
 rials 
 
rials or wares fo bought, received, or taken to pawn) the property 
 
 of C. D. cf in the county nj and by him for her) 
 
 delivered to to be inamifuBured. Gi'ven under ?ny hand and 
 
 ftal [or, our hands andfeais] the day and year afore/aid. 
 
 Which fhall not be removed by certiorari : And the juflices 
 fhaW caufe the fame to be written on parchment and tranfmitted to 
 the next feffions, to be filed amongft the records. 23 G. 2. c. 13. 
 
 /9-) 
 
 Perfons convifted of buying or receiving any the faid materials, 
 
 may appeal to the next feffions ; in which cafe the execution cf 
 the judgment (hall be fufpended, the perfon entring into a recog- 
 nizance before tlie juftice, at the time of the convidion, with two 
 fureties, in double the fum adjudged, to profecute the appeal, 
 and to be forthcoming to abide the determination of the jullices in 
 the faid feflions ; and the feffions may award cods to either party ; 
 and if the judgment be affirmed, the appellant fhall immediately 
 pay the fum adjudged, with cofts ; or in default thereof, fhall fuf- 
 fer the penalties before direfled. /. 3. 
 
 And if any perfon fhall be convi(Sled of purloining or embezil- 
 ling any the faid materials, or of buying or receiving the fame in 
 manner before defcribed, the jullice before whom the convidtion 
 fhall be, may ifl'ue his warrant to any perfon, impowering him in 
 the prefence of a conftable, to enter into and fearch in the day 
 time, the houfes and other places belonging to fuch perfon, and 
 to bring fuch materials as fhall be found, before the faid juftice, 
 to be kept in cuftody by him ; and if in 24 days it (hall be made 
 appear to the juilice, that the perfon from whofe houfe the faid 
 materials (hall be fo taken, is the lawful owner, they fhall be re- 
 fiored to him ; othervvife they (hall be deemed to be purloined or 
 embezilled, and fhall be publickly fold, and the money arifing 
 thereby (charges of fale being firft dedufted) fhall be equally di- 
 ftributed amongll the poor of the parilh where the perfon convift- 
 cd iliall refide. / 4. 
 
 And the faid juflice fhall, within three days after fuch materials 
 fhall be brought to him, give notice thereof in writing under his 
 hand and feal, to the perfon convided, appointing a time and 
 place for his attending to prove his property therein ; which fhall 
 be within 2 1 days, and not lefs than i 8 days after fuch notice ; 
 and if fuch perfon be in any houfe of correction or other prifon, 
 the juftice fhall caufe a copy of the faid notice, attefled under his 
 hand and feal, to be delivered to the keeper ; who fliall bring the 
 laid perfon at the time and place fpecified, on pain of forfeiting 
 to the prifoner the full value of the faid materials, by diilrefs and 
 I'ale, by warrant of the faid juitice, if not paid immediately. 
 
 J-S- 
 
 If any perfon fliall be aggrieved by the judgment of the juflice, 
 relating to the fale of the materials, he may appeal to the next 
 feffions, and in the mean time the fale ffiall be pollponed ; a writ- 
 ten notice under the hand of the appellant, fignifyii^g his inten- 
 tion to appeal, being given to the juitice, before the time appoint- 
 ed tor tiic lalej and if the appellant fhall not profecute the ap- 
 D d 3 pea J, 
 
4o6 ^tt\)mts. 
 
 peal, or the juJgment (hall be affirmed, the feffions may award 
 colls to the defendant. / 6. 
 
 And if any perfon rtiall not make ufe of the whole of the ma- 
 terials, and Ihall not return the remainder in 21 days (if required 
 by the ovvnerj this Ihall be deemed embezilling and purloining. 
 
 / 7- 
 
 And upon complaint on oath of any offence againft this afl to 
 any one juftice, he fhall iilue his warrant for bringmg the offender 
 before him, or any other jullice, who fhall hear and determine the 
 fame. /. 8. 
 
 And if any perfon fliall be employed to work up any of the 
 feid manufadures for any one mailer, and fhall neglect or refufe 
 the pcrfcrmance thereof, by permitting himfclf to be fubfequently 
 retained by any other perfon, before he fhall have compleated the 
 fame ; he ihall, on convidion on the oath of one witnefs, before 
 one jullice, be fent to the houfe of corredion, to be kept to hard 
 labour not exceeding one month. / o. 
 
 But this , flatute lliall not repeal the 13 {S* 14C. 2. nor the 
 20 C. 2. nor the 8 (^ 9 ?/'. before mentioned. / 10. 
 
 Moreover, all contrafts or agreemeuts, and all by-laws, rules, 
 and orders, made in any unlawful clubs and focieties, by any per- 
 fons employed in any woollen manufadure, or in the making of 
 felts or hats, or in any manufadure of filk, mohair, furr, hemp, 
 flax, lif en, cotton, fullian, iron, or leather, or in any manufac- 
 tures made up of wool, furr, hemp, flax, cotton, mohair, or filk, 
 or any of the faid materials mixed one with another, for regula- 
 ting any of the faid trades, or for fettling the prices of goods, or 
 for advancing their wages, or for leffening their ufual hours of 
 work, fliall be void : And if any fuch perfon ftiall be concerned 
 ill any fuch coajbination, he Jhall on convidion in three kalendar 
 months, on the oath of one witnefs before two juftices, be com- 
 mitted to the houfe of corredion, to be kept to hard labour, not 
 exceeding three months, or to the common gaol not exceeding 
 three months. /. 12. 
 
 And if any fuch perfon fhall depart from his fervice before the 
 end of the term, or ihall quit or return his work before it be finilh- 
 ed, ui lei's for fome reafonable caufe to be allowed by two juftices ; 
 he (hal! on the like convidion before two juftices, be conmiitted 
 to the houfe of corredion, to be kept to hard labour not exceed- 
 ing three months. 2 J. 
 
 And if any fach perfon Ihall wilfully damnify, fpoil, or deftroy, 
 without confent of t!ie owner, any work committed to his charge, 
 he Ihall, on convidion as aforefaid, forfeit to the owner double 
 value, by diftrefs, by warrant of two jalticcs ; and for vvant of 
 fufficient dillref;^, to be committed to the houfe of corredion, to 
 be kept to hard labour, for any time not exceeding three months, 
 or till fatisfadion be made. /V. 
 
 And every fuch mailer fiull pay his workmen in money, and 
 not otbcrwife, and fcall not make any dedudion on account of 
 any goods fold or d:;livered previous to the agreement : And for 
 the more cafy recovering the faid wages, two juilices upon com- 
 plaint (in three months, \^ G. c zj,) ihall I'ummoa the party of- 
 
 tending, 
 
Mtioants. ' 407 
 
 fending, and for non-payment fhall iffue their warrant to levy the 
 fame by diftrefs ; and for want of fufficient diftrefs, (hall commit 
 the offender to gaol for fix months, or until he fhall pay, or give 
 full fatisfadtion for the fame, to the good liking of the party 
 grieved, id. 
 
 And every perfon paying the fame otherwife than in money, 
 (hall forfeit 10/. half to the informer, and half to ths party 
 grieved, by diftrefs as aforefaid. id. 
 
 Perfons aggrieved by order of the two juftices may appeal to 
 the next feflions, giving reafonable notice ; the reafonai lencrs of 
 which notice (hall be determined by the juftices at the faid fef- 
 fions ; and if reafonable time of notice was not given, they (hall 
 adjourn the appeal to the next fe(rions after ; and the feffions may 
 award cofts to either party, id. 
 
 Moreover, if any perfon fhall affault or abufe any mafter or 
 other perfon concerned in any of the faid manufadures, whereby 
 he fhall receive any bodily hurt, for not complying with any fuch 
 illegal by-laws, rules, or orders ; or fhall write or caufe to be 
 written, or knowingly fend or caufe to be ftnt any letter, wri- 
 ting, or meffage, threatning any harm to any fuch perfon, or 
 threatning to burn, pull down, or deftroy any of his houfes, or 
 cut down any of his trees, or to maim or kill any of his cattle, 
 for not complying with any demands of his workmen, or for not 
 conforming to any fuch illegal by laws, rules, or orders ; he fhall 
 on convidlion by indidment, in 1 2 kalendar months, be guilty of 
 felony, and tranfported for (even years. ;./. 
 
 XVIII. Difputes between mafters and their workcmen 
 in the manuf allure of clocks and watches \ by 
 the 27 G, 2. c. 7. 
 
 If any perfon employed by any one praftifing the trade of 
 clockmaking, or watchmaking, or any part or branch thereof, to 
 make, (inilh, alter, repair, or clean any clock, watch, or pare 
 thereof; or intrulted by any perfon praftifing the faid trade or 
 trades, with any gold, filver, or other metal or material, to be, 
 or that ihall be, in the whole or in part, wrought or manufadurcd 
 for any part of a clock or watch, or any diamond or other pre- 
 cious done, to be, or that fhall be, fet or fixed in or about any 
 clock or watch ; fliall purloin, imbezil, fecrete, fell, pawn, ex- 
 change, or otherwife unlawfully difpofe of any clock, A\atch, 
 gold, filver, or other metal or material, or any part thereof, or any 
 diamond or other precious flone, with whicii he fhall be fo intrult- 
 ed; and fhall be thereof convided by the oath of the owner, or 
 other credible witnefs, or confefTion, before one juftice where the 
 offence fhall be committed, or the perfon fo charged fliall refide : 
 he flmll for the firfl offence forfeit zol. and if not forthwith 
 paid, the juftice fhall commit hira to the houfe of corredion or 
 other publick prifon, there to be kept to hard labour for the 
 fpace of 14 days, unlefs the forfeiture fhall be Iboner pad; 
 and if within two days before the expiration of the laid 14 days 
 D d 4 iuch 
 
4o5 ^ttbauts- 
 
 fuch forfeiture (hall not be paid, the jullice may order him to hs 
 publickly whipped at the market place, or feme other piiblick 
 place, of the city, town, or place, where he (hall be commitced j 
 and for a fecond, or other fubfequent offence, he Ihall forfeit 
 40/. in like manner, and if not paid forthwith, the jullice fhall 
 commit him as aforefaid, to be kept to hard labour for any time 
 not exceedmg three months, nor lefs than one month, unlefs the 
 forfeiture (hall be fooner paid ; and if within feven days before the 
 expiration of the time for which he fliall be committed, the for- 
 feiture Ihall not be paid, the jullice may order hiip to be whipped 
 in like manner twice or oftner, as to fuch juilice Ihall appear rea- 
 fonable. 
 
 And if any perfon (hall buy, receive, accept, or take by way 
 of gift, pawn, pledge, fale, or exchange, or m any other man- 
 ner, of or from any perfon whomfoever, any clock or watch, or 
 part thereof, or any gold, filver, or other metal or material as 
 aforefaid, whether the fame, or any part thereof, be or be not 
 wrought or manuFadured, or any fuch diamond or other precious 
 ftone, knowing the fame lo be fo purloined or iinbtzilled j he Ihall, 
 on the like convi(Skion, for the firll offence forfeit 20 /. and if not 
 forthwith paid, the jjiVice (hall commit him in like manner, to be 
 kept to hara labour for 14 days, unlel's the forfeiture (hall be 
 fooner paid, and if within two days before the expiration of the 
 faid 14 days, the faid forfeiture (hall not be paid, th^ jtflice (lull 
 order him to be publickly whipped as aforefaid, oixe or oftner, 
 as to fuch jjftxe (hdU appear reafonablcj and for a fecond or 
 other fubfequent offer.ce, he (hall forfeit 40 /. and if not forth- 
 with paid, the juftice ihall commit him as aforefaid, to be kept to 
 hard labour, for any time not exceeding three months, nor lefs 
 than one month, unlef the forfeiture fliail be fooner paid ; and if 
 within feven days before the expiration of the time for which he 
 (hall be committed, the forfeiture fhall not be paid, the jullice 
 (hall order him to be publickly whipped as aforefaid, twice or oft- 
 ner, as to him (hall appear reafonable. 
 
 And one jullice, on complaint to him made upon oath, of any 
 offence againll this aft, may iffue his warrant for apprehending 
 and bringing before him, or before any other jullice of the fame 
 place, the perlbn fo charged. 
 
 And the conviclion (hall be in this form, 
 Middlefex |~> E // rcmcmhrcd that on the day of- 
 
 to wit. X^ ^'^ ^^^^ 'year of his majifiys reign, A. B. 
 
 nuas coii'vicied htfore me (ox us) of his mojfys juftices 
 
 of the feace for the faid county of- or for the ■• 
 
 riding (ot di'uifion) of the faid county cf or for the city, 
 
 liberty, or toiv/i of — in the fj:id county of (as the 
 
 cafe (hall be) of purloining, imhiziUing, fccrcting, felling, pa^ivn- 
 ing, exchanging, or unlu<\'-:fuU'^ dif-ofng of, or of buying, receiijtng, 
 
 er taking to fi^Mn (as the cafe (hall happen to be) fpecify- 
 
 ing the refpeclive goods, materials or effefts) the property of C. D. 
 
 of in the county of Gi^oen under my hand and feal 
 
 (qt our bauds andfcls) ibs day and year afiirefa^d. 
 
^crt)atttjS. 409 
 
 If any pcrfon fliall think himfelf aggrieved by the judgment 
 of the juHice, he may appeal to the next feflions ; in which cafe 
 the execution of the judgment fliall be fufnended, the perfon fo 
 convicted entring into a recognizance at the time of the convic- 
 tion, witli two lureties, in double the fum adjudged, to profecutc 
 the appeal with effeft, and to be forthcoming to abide the judg- 
 ment and determination of the juftices in fuch fefiions ; and the 
 juftices there fnall hear and determine the fame, and award fuch 
 corts to either party, as to them fhall appear juft and reafonable : 
 and if the judgment fhall be affirmed, the appellant fhalf im- 
 mediately pay the fum adjudged, together with fuch cofts as 
 iliail by the court be awarded ; or in default thereof, fhall fuffer 
 the penalties as for purloining, embezilling, or receiving as afore- 
 faid. 
 
 The faid forfeiture?, after fatisfaftion made thereout to the party 
 injured, together with fuch cofls of profecudon as the juftice fhall 
 judge reafonable, fhall go to the ufe of the poor where the ofiender 
 ihall refide. 
 
 ^nd the j iflice fhall caufe the convidlion to be fairly written 
 upon parchment, and tranfmitted to the next fefhons, there to be 
 filed and kept amongll: the records 
 
 ^nd the fame fhall not be removed by certiorari. 
 
 XIX. Difputes between mafters and feruants in hujban- 
 dr)\ artificers^ handicraftfmen^ miners^ col- 
 liers^ keelmen^ pitmen, glajfmen, potters, and 
 other labourers; by the 20 G. 2. c. 19. 
 
 By conftrudion of law upon the ftatute of the 5 El. the ja- 
 flices had a power of compeiiing the payment of the wages which 
 they had rated and afl'elTed ; but the faid ftatute being deficient in 
 two material points, to wit, in extending only to fuch wages as 
 fhould be rated, and to fervants in hufbandry only ; and more- 
 over, there being therein (as hath been obferved) no power to ad- 
 mit the fervanc's oath as evidence ; therefore by the 20 G. 2. 
 c. 1 9. it is enafted as follows : 
 
 All complaints, differences, and difputes between mafiers or 
 miftrefTes and fervants in hufbandry hired for a year or longer, or 
 between maiters and miilreiTes and artificers, handicraftfmen, mi- 
 ners, colliers, keelmen, pitmen, glaffmen, potters, and other la- 
 bourers employed for any certain time or in any other manner, 
 fhall be determined ( A ) by one juHice, where the mafter or mi- 
 flrefs Ihall inhabit, altho' no rate or affefTment of wages has been 
 made that year ; which jail ice ihall examine on oath any fuch fer- 
 vant or other the faid perfons, or any other witnefTes touching 
 fuch complaint, and make fuch order ( B ) for payment of wage;-, 
 as to him fhall feem jutt and reafonable, provided that the fum in 
 quefiion do not exceed 10 1, with regard to any fervant, nor 5/. 
 with regard to any other perfons btfore mentioned ; and in cafe 
 of non payment for 21 days, fuch juflice may iffue his warrant to 
 }£vy the fame by difirefs ' C ). /. i. 
 
 And 
 
4^0 ^ert)ants* 
 
 And by the faid ftatute, fuch juftice on application or complaint 
 OB oath by any mailer, miArefs, or employer, againft any fuch 
 fervant, artificer, handicraftfman, miner, collier, keelman, pit- 
 man, glaffman, potter, or labourer, concerning any miidemeanor, 
 mifcarriage, or ill behaviour in fuch his iervice or employment, 
 may hear and determine the fame ( D ), and punifh the offender 
 by commitment ( E ) to the houfe of corredion, there to remain 
 and be corrected, and held to hard labour not exceeding one [ca- 
 lendar month, or otherwife by abating fome part of his wages 
 ( F I, or by difcharging ( G ) fuch fervant or other the faid per- 
 fons from their fervice or employment, f. \ . 
 
 And in like manner, iuch jullice on complaint or application 
 on oath by any fuch fervant, artificer, handicraftfman, miner, 
 collier, keelman, pitman, glallman, potter, or other labourer, 
 againft fuch mailer, miftrefs, or employer, concerning any mif- 
 ufage, refufal of neceffary provifion, cruelty, or other ill treat- 
 ment, may fummon ( H ) fuch mailer, miftrefs, or employer, to 
 appear before him at a reafonable time to be prefixed in fuch fum- 
 Bions ; and he (hall examine into the matter of fuch complaint, 
 whether fuch mailer, millrefs, or employer fhall appear or not, 
 proof being made upon oath of their being duly fummoned ; and 
 upon proof thereof made upon oath, to his fatisfadlion, may dif- 
 charge ( I ) fuch fervant, or other peifon aforefaid, from his fer- 
 vice and employment, which difcharge fhall be given under his 
 hand and feal gratis. J. 2. 
 
 If any perfon fhall think himfelf aggrieved by fuch determina- 
 tion, order, or warrant of fuch jullice (except any order of com- 
 mitment) he may appeal to the next^elTions, who may award colls 
 to either party, not exceeding 40/. to be levied by diflrefs in 
 manner before mentioned, f. 5. 
 
 And no certiorari fhall iffue to remove any proceedings here- 
 upon. / 6. 
 
 Note ; The words in the aforegoing ftatute \_and other labourers^ 
 employ td for any certain time, or in any other n:ann(r^ are very ge- 
 neral and comprehenfive, but yet perhaps ought not to be undcr- 
 llood u'itbout fome limitation : efpecially it feemeth not neceffary 
 to extend them to any of the workmen in the woollen, linen, 
 cotton, iron, leather, furr, hempen, or other manufactures here- 
 in before fpecified, becaufe the law hath pro^'ided other methods 
 ©f proceeding therein, and particularly becaufe the flatute of the 
 izG. 2. which is fubfequent to this llatute, takes no notice of 
 this flatute, but makes divers regulations in the aforefaid inflances, 
 which if this flatute had been fuppofed to extend unto them, 
 would have been fuperfluous and impertinent. And with lefs rea- 
 fon may the word Itr.hourcrs feem to extend to footmen, coach- 
 men, carriers, and fuch like ; but from the company with which 
 it is ranked, to wit, miners, colliers, keelmen, and the like, it 
 feems moll properly to fignify fuch perfons, not being brought up 
 to or employed in trades, as procure their fullenance by bodily 
 labour. 
 
 XX. S!:ip- 
 
XX. Sbipmajiers and their feamen. 
 
 By the 2 G. 2. c. 36. which by the 23 G. 2. f, 26. is conti- 
 nued to March 25, 1 764, ^f. it is enabled as follows : 
 
 It fhall not be lawful for any mailer of a (hip bound to parts 
 beyond fea, to carry any feaman or mariner, except his appren- 
 tices, to fea, without iirlt agreeing with them for theit wages, 
 which agreement fhall be made in writing, declaring what wages 
 each feaman is to have rcfpeiflively, during the whole voyage, or 
 for the time he fhall fhip himfelf for ; and alfo to exprcfs the voy- 
 age, for which the mariner was fhipt, to perform the fame, and 
 to be fjgned by both parties ; on pain that the mailer fliail forfeit 
 5 /. for every fuch feaman to Greewxuich hofpital, to be recovered 
 on oath of one witnefs, before one juflice, who fhall ifTue his war- 
 rant to bring fuch mailer before him ; to be levied by difb-efs ; 
 and if no dillrefs can be found, to be committed to gaol till he 
 Ihall pay the fame. 
 
 Such mariner fliall alfo fign the agreement, in 3 days after he is 
 entred on board. 
 
 And if any mariner fhall defert, or refufe to proceed on the 
 voyage, or fhall defert beyond the leas, after he fhall havie figned 
 fuch agreement, he fhall forfeit to the owner of the fhip the 
 wages due to him. 
 
 And if any mariner fhall defert or abfent himfelf, after he hath 
 figned fuch contract ; on application of the mailer, or owner of 
 the fhip, to one jullice, he fhall ifTue his warrant to apprehend 
 fuch mariner : and if he fhall refufe to proceed on the voyage, 
 and fhall not give a fufHcient reafon for fuch refufal, then to be 
 committed to the houfe of correflicn, to be kept to hard labour, 
 not exceeding 30 days, nor lefs than 14 days. 
 
 And if any mariner fiiall abfent himfelf from the fhip, without 
 leave of the mafler, or other officer having charge of fuch fhip, 
 he fhall for every day's abfence forfeit two days pay to Greeri'wich 
 hofpital. 
 
 And if any mariner, not entring into the king's fervice, fhall 
 leave the fliip before he fhall have a difcharge in writing by the 
 mailer, he fhall forfeit one month's pay, to be recovered and dif- 
 pofed of as hereafter is mentioned. 
 
 And the mailers fhall pay the mariners their wages, if demand- 
 ed, in 30 days after the Ihip's being entred at the cuftom houfe 
 (unlefs there is a covenant to the contrary), or at the time they 
 fhall be difcharged, which fhall iirft happen, deducing th'j penal- 
 t es of this aiSl : on pain of paying to each mariner that fhall be 
 unpaid, 20 j. above his wages, to be recovered as the wages. 
 
 But no mariner by entring into, or figning fuch agreement, 
 fhall be deprived of any means for recovery of wages, which he 
 may now ule : And the mailer fhall be obliged to produce the 
 contrad, and not the mariner. 
 
 And the mailer fhall deduft out of the wages all the penalties 
 of this ad, and enter the fame in a book, and make oath, if re- 
 quired, to the truUi thereof; which book fhall be figned by tlie 
 
 mailer. 
 
41^ S>n\)cints. 
 
 mafler, and two principal ofiicers of the fliip : which forfeiturcj 
 (except forfeiture of wages to the owner on defcrtion, or refufing 
 to proceed on the voyai^e) fhall be applied to Giccn'^vich hoipical, 
 to be paid to the officer in any port who collects the 6d. z month 
 deduded out of feamens wages, for the ufe of the hofpital ; which 
 officer fliall have power to adminiiter an oath to fuch maltcr, 
 touching the truth of fuch penalties. 
 
 The niafter deducing the faid penalties, and not paying them 
 over in 3 months, fliall forfeit treble to the faid hofpital ; to be re- 
 covered as any penalties, for not duly paying the bd. z month. 
 
 Neverthelefs, this aft fhall not debar any leaman from entring 
 into the king's fervice, nor fhall he forfeit his wages in that cafe, 
 aor ihall fuch entry be deemed a del'ertion. 
 
 XXI. 'Taylors and their ivorkmen within the hills. 
 
 By the 'jG.fi. i. c. 13. All contradls by or between journey- 
 men taylors within the bills, for advancing their wage?, or lefTen- 
 jng their hours of work, fhall be void ; and perfons entring into 
 fuch agreement, fhall on conviction in 3 months, on oath of one 
 witnefs, before two jullices, be committed to the gaol or houfe of 
 CorretStion for any time not exceeding two months. 
 
 And the feffions from time to time, upon application to thera 
 made, fhall appoint the wages and hours of work ; which all tay- 
 lors and their workmen fhall obferve, on pain of imprifonmeiit 
 by fuch juftices for any time not exceeding two months, on profe- 
 cution in 6 days. 
 
 And if any journeyman taylor fhall depart from his fervice be- 
 fore the end of his term, or before his work be finifhed, or fhall 
 rcfufe to enter into work, unlefs for caufe to be allowed by two 
 juftices, he fhall be fent to the houfe of correction not exceeding 
 two months. 
 
 Taylors allowing greater wages than fo limited, fhall forfeit 5 /. 
 ©n convidlion in 3 months, half to the informer, and half to the 
 poor ; and journeymen taking greater wages, fliall be fent to the 
 houfe of correftion not exceeding two months. 
 
 Perfons aggrieved by any order of two juftices, may appeal to 
 the next feflions, giving 6 days notice ; and the fefnons may award 
 cofts to either party. 
 
 XXII. Shoemakers and their workmen within the bills. 
 
 By the 9 G. c. 27. If any journeyman fhoemaker within the 
 bills of mortality, fhall be accufed by his mafter of purloining 
 any fhoes or other wares or materials, one juftice where the of- 
 fence fhall be committed, or the ofl'ender fhall inhabit, on oath of 
 fuch oftence, may fummon the party, or iffae his warrant to ap- 
 prehend him ; and if the fame is proved before him by confefljon, 
 or oath of one witnefs, he fhall award fatisfaftion for damages and 
 charges, and levy the fame by diftrefs ; and for wan: of iufficier.t 
 diftrefs, fhall caufe the offender tO' be whipped v.here the oitencs 
 w«s committed ; and for a fecond or other offence, he (hall com- 
 
 Qiit 
 
MtMnts. 413 
 
 Tnit him to the houfe of corrcclion, not exceeding one month, nor 
 lefs than 14 days. 
 
 And every perfon who (hall buy, receive, or take in pawn the 
 fame, Ihall be lulje-^ to the fame punifhment. 
 
 And two juliiccs, on complaint on oath, may iffue their war- 
 rant {'or fearching in the day time for goods fo purloined, and 
 break open doors, and every perfon hindring fuch fearch (hall for- 
 feit lo/. to him who (hall fue in two months ; and if fuch goods 
 (hall be found, they (hall rellore them to the owner, and caufe the 
 olFender to make fatisfadion for the damages and charges, as 
 aforefaid. 
 
 And every perfon retained by one mailer, who (hall fufFer him- 
 felf to be retained by any other, before he hath finifhed his work, 
 fhall, on convidion on oath of one witnefs, before one juftice, be 
 fent to the houfe of corredion not exceeding one month. 
 
 Perfons aggrieved may appeal to the next feflions, giving 8 
 days notice. 
 
 XXIII. How far the majler is anfwerahle for the 
 fervant. 
 
 1. The mafler is indidable for a nufance done by his fervant ; 
 as for throwing dirt in the highways. L. Raym. 264. 
 
 But neverthelefs it feemeth, that the fervant alfo is indidable ; 
 for Mr. Ha^ukins fays, that a fervant is not excufed the commif- 
 fion of any crime, by the command or coertion of his mailer. 
 I Haiu. 3. 
 
 2. {{ goods are delivered to the fervant of a carrier, and the 
 goods are loll, an aftion lies againll the mailer. Wood 95. 
 
 3. A fervant with a cart, ran againll another cart, wherein wa« 
 sl pipe of fack, and overturned the cart, and fpoiled the lack ; an 
 adion lies againll the mailer, z Salk. 441. 
 
 4. M. 10 IV. Jones and Hart. A pawn broker'^ fervant took 
 a pawn ; the pawner came and tendred the money to the fervant ; 
 he faid he had loft the goods ; upon this the pawner brought aa 
 adion againll the mailer ; and it ivas held well. 2 Salk. 441. 
 
 5. H. 8 G. Mead and Hatnmotid. The plaintiff, according to 
 the common courfe of dealing, delivered to the defendant's (cr- 
 vant an ingot of gold to elTay ; and it not being returned, he 
 brought an adion againll the mafler. And Pratt Ch. J. direded 
 the jury, that the delivery to the fervant was fufficient to maintain 
 the adion againll the mailer, on proving a fubfequent demand and 
 jrefufal; fo the plaintiff had a verdid. Str. 505. 
 
 6. M. 8 G, Cary and IVthJier. The defendant was a clerk of 
 the South-fca company, and took in payments. The plaintiff 
 paid him 600/. and he paid it over to the company. And hj 
 Pratt Ch. J. No adion in this cafe lies againll the fervant. If he 
 had not paid it over, the plainti.^" would have had his option, 
 cither to charge him or the company ; as in the common cafe of 
 payment to a goldfmith's fervant, who doth not carry it to the 
 account of his mailer, the party hath a« eledion to go againit 
 
 3 either : 
 
414- Mtiomts, 
 
 cither: he may charge the fervant, becaufe till the money is paid 
 over, the fervant receives it to his ufe ; or he may pafs by the 
 fervmt, and make his demand upon the mafter, becaufe the pay- 
 ment to the fervant is made in confidence of the credit given him 
 by the matter. Str. 480. 
 
 A. Summons of the mafler for wages, on complaint 
 of the fervant, on the 20 G. 2. c. 19. 
 
 Weftmorland. < To the conftable of in the faid county. 
 
 ■ — "ITTHEREAS informntion and complaint hath been made 
 
 V V ^^*° "'^ '"'^ "f ^" majefiy's jufiiccs of the peace in 
 
 <ind for the faid counts), upon the oath of A. S. of ■■ ■ in the 
 
 faid county, hujlandman, that he the faid A. S. ntcai duly hired by 
 
 A. M. of in the faid countv, htijlandman, to be a fewant 
 
 in hufbandry to and ^ixith him the faid A.M. for one iKihole year^ 
 
 to licit, from Whitfuntide in the year of our lord to Whit- 
 
 funtide ;.cat; lafl paj}, [or, labourer ; or, artificer ; or as the cafe 
 iball be] for the images of ; And accordingly that he the 
 
 faid A . S. hath duly performed the faid feraiice ; yet nenicrthelefs 
 that he the faid h. M. hath refufed, afid doth refufe, to pay unto 
 him the faid A, S. the ivages jufiiy due to him for his faid ferfice : 
 Ihefe are therefore to command you forth--Jcith to fummon the Jaid 
 
 A.M. to appear before me at in the faid county, on ' 
 
 the ' • day of this pre fent month of at the hour of 
 
 ■ I in the afternoon of the fame day, to Jhenv caufe ic-^y the 
 
 faid tuages fhould not be paid. And be you then there to certify 
 fwhat you jhall have done in the prcmiffes. Gi-ven under my hand 
 ttnd feal the ' ' - day of- • ' in the year of tbs 
 
 reign of • . 
 
 B. Order for payment of the fame. 
 
 ^ Weftmorlafld. TTT HERE AS information and complaint hafh 
 
 \ V been made unto me ■■ ■ one of his ma- 
 
 jejffs juflices of the peace in and for the faid county, upon the oath 
 
 fif A. S. of in the faid cownty, hufbandman, that he the 
 
 faid A. S. owrt/ duly hired b-^ A. M. cf in the faid county, 
 
 hufbandman, to be a fervant in hufbandry to and nxjith him the faid 
 'A. M. for one nvhole year, to ix:it, from Whitfuntide in the year 
 
 cf our lord to Whitfuntide novc lafl pafl [or, artificer, 
 
 glafj'man, pitman, labourer, or otherwife as the cafe fhall be] and 
 that he the faid A. S. hath duly performed the faid fcrvice ; yet 
 never thclcfs, that he the faid A.M. did refufe to pay to him the 
 faid A. S. the v^ages juflly due unto him for fuch frvice as ofore- 
 , faid\ And ivhereas the faid A. M. having appeared before me, in 
 
 purfuance of my fiimmons for that puipofe, hath not proved to me, 
 that the faid iiagcs bave been duly paid tp. him the faid A. S. ft 
 1- afir.fuidf 
 
aforcfaid, nor hath fi-'e-iucd to me any jujl caufe i^hy the faid tvages 
 Jhould not he paid, and hath not paid the fame : [Or, Jnd ivhenas 
 it duly appears to me as ivell upon the oath of A. C. cor.ftable of 
 ■ aforefaidj as othernvife, that he the /aid A. Q. by 'virtue 
 
 of my precept to him direSed, did duly fummcn the fiid A. M. to 
 appear before me at a certain time and place therein prefixed, to Jheiv 
 caufe <vuhy the faid ivages Jhould not he paid; andivhereas the f aid 
 A. M. hath negle£led to appear according to the faid futr^nons, and 
 hath not Jhiv:ed any caufe as aforefaid'\ I therefore, having duly 
 examined into the truth and matter of the faid complaint, and upQH 
 *due confederation had thereof do hereby adjudge, determine, and or- 
 der, that he the faid A. M. upon due notice hereof, do pay or caufe 
 
 to be paid to him the faid A. S. the fum of 'T.'jhich appears 
 
 to me to be jufl and reafonable to be paid by him the faid A . M. t9 
 him the faid A. S. as and for his ivages as aforefaid. Gi-ven under 
 
 my hand and feal the day of ■■ in the year of 
 
 the reign of . 
 
 C. Warrant of diftrcfs for the fame. 
 Weftmorland. \ To the conftablc of , 
 
 WHEREAS A. S. of in the faid coanty, huf- 
 bandman, hath duly complained unto me one of hit 
 
 majeftfs jufeices of the peace in and for the faid county, that A. M. 
 
 of in the fuid county, hujiandman, hath refufd to pciy unto 
 
 him the faid A. S. the ivages jujily due unto him for fern.-ice in huf- 
 bandry for one ivhole year truly and faithfully performed by him the 
 faid A. S. to hitn the faid A. M. [Or, zs the cafe fnalf be] Axd 
 luhercas the faid A. M. ha'ving appeared before me in purfuar.ce of 
 my fummons for that purpofe, hath not pro-ued to me that the faid 
 ivages ha've been paid to him the faid A. S. as aforefaid, and hath 
 not Jhcxved any juji caufe ivhy the fa7nc Jhould not be paid [Or, And 
 nvhereas the faid A.M. hath been duly fummoned by me to Jhcfj 
 caufe to me ivhy the faid ivages Jhould not be paid, but he the fuid 
 A. M. hath neglcBed to appear according to the faid fu?ntnSns, and 
 hath not Jhcived any caufe as aforefaid^ I therefore the faid jufeice^ 
 upon due ccnftdiraticn had thereof, on the • • day cf ■ 
 
 noiv lafe pafl, by meriting under my hand and feal did thereupon de- 
 termine and order, that he the faid A. M. fhould pay to him the faid 
 A. S. the fum of nuhich appeared to me to be juf and rea- 
 fonable to be paid by him the fiid A. M. to him the faid A. S. as 
 and for his ivages as aforefaid ; And n<:hercas it duly appears to me^ 
 
 that he the fuid A. M. on the faid day of' — ■ voi<j 
 
 lafi paj}, had due notice of my faid order, and that due <v' mand cf^ 
 the faid fum of nvas then made of him the faid A. M. by' 
 
 him the faid A. S. but that he the faid A. M. did not then pay, 
 nor hath yet paid the fame, nor any part thereof; Ihcfe are there- 
 fore to command you to make difercfs of the goads and chattels of him 
 the faid A. M. and if ivithin the fpace of [four'^ days next afitr 
 J>ch dijlrefs by ycu node, the faid Jam of together luith the 
 
 rfxifonabl^ 
 
41 6 ^eti)ant5^ 
 
 reafonahle charges of taking and keeping the hiUifrcfs, Jhall ni>t 
 be paid, that then you do ft II the /aid goods and chattels fo hy you 
 dijirained, and out cf the money arifing hy the fr.le thereof, that you 
 
 fay the faid fumcf >— unto him the fuid A. S. returr.ing the 
 
 overplus upon demand unto him the /aid A. M. the reafonahle charges 
 of taking, keeping, and felling the laid difirefs, bfirig thcre-iut fir/i 
 
 deduced. Gi-ven under my hand and /ecil the dry of 
 
 in the — — — year — — — ■. 
 
 D. Warrant for a fervant on complaint of the 
 
 mailer, for mifbehaviour, on tlie 20 G. 2.. 
 c. 19. 
 
 Weftmorland. •< To the conflable of ■-. 
 
 '^ ^TTHEREAS information and complaitit hath been made linh 
 
 W vie ■ one of his 7nojefiys jufices of the pcate in and 
 
 for the faid county, upon the oath of A. M. of in the /aid 
 
 county, hu/handman, \artificer, labcunr, or as the cafe (hall be] 
 
 that A. S. of afo-refaid in the faid county, hn/bandman^ 
 
 ivas hired by him the faid A. M. to he fervant in hu/handry to him 
 the /aid A. M. for one ivhole year, from Whitfuntide noiv In/} pa/i, 
 until Whitfuntide nc^.v next en/uing; and that he the /aid A. S. 
 j^ath in his /aid fr'uice [or, employment^ been guilty of divers mi/- 
 demeanors, mifcarringes, and ill be haw our, ton.vards him the /aid 
 A. M. and particularly [as the cafe (hall be] ; Thr/e are therefore ta 
 command you frtlnvith to bring the faid A. S. before m: to anfn.vir 
 unto the faid complaitit, and to be farther dealt 'v^ithal according to 
 
 laiu, Gi'ven under my hand and feal, the ^^ day cf ' » 
 
 in the year cf the reign cf ~ . 
 
 E. Commitment of the fervant thereupon to the 
 
 houfe of correction. 
 
 r To the conftable of in the faid coimfy, 
 
 Weftmorland. < and to the keeper of the houfe of correclion at 
 (_ in the faid county. 
 
 H E R E A S information and complaint hath been mndi 
 
 ^ (the fame as above, reciting the complaint) And 
 
 whereas in purfuance cf the /iatute in that ccf made r.nd pro'vided^ 
 1 have duly examined the proofs and allegations of both the faid 
 parties, touchitzg the matter 0/ the /aid complaint, and upon due 
 conf deration had thereof, have adjudged and d<i<:' mined, and do 
 hereby adjudge and determine the faid complaint t) be true: Thefe 
 are therefore to command you the faid con/, able foi :hv:ith to convey 
 
 the faid A. S. to the faid hoife of correal ion at — rf re/aid, 
 
 and to ddiver him to the keeper thereof togethn- ivith this 'war- 
 rant : And I do hereby command you the /aid keeper to receive the 
 faid A. S. into your cu/lody in the faid houfe of correclion, thereto 
 
 rtmaiti. 
 
 w 
 
rffnain, and be correHed, and held to Lard lahojir for the /pace vf 
 tne kaUndar month [or for a leiler time] from the date hereof, 
 ^nd for your fo doing, this Jhall be your fujpcient ^warrant . Gi'ben 
 
 under my hand and feal, the ■ day oj in the • 
 
 year oJ the reign of . 
 
 F, Or othervvifc hs may be punidied by abatement 
 of wages, as follows : 
 
 TH E fame as above to • and do hereby adjudge and 
 determine the f aid complaint to be true : I do therefore hereby 
 order ^ as a punifment for the faid "Jfence^ that the faid A. S. f^all 
 abate from his ivnges to be paid to him by the faid A.M. the fum 
 
 of • and do hereby difcharge the faid A.M. from th; payment 
 
 of the fi.id fum of as part of the ivages of him the faid 
 
 A. S. Gi'Ven under my hand and feal the ■ day cf 
 
 in the year ■ . 
 
 G. Or otherwife he may be dlfcharged, thus : 
 
 and do hereby adjudge and determine the faid complaint to 
 
 he tiuc : I do therefore hereby order, as a punifhmcnt for the faid 
 offence, that the faid h. S. be difchargcd, and do hcrcly difchurge 
 him the faid A. S. from his faid f^i-ice \qt, employment\ and the 
 faid^. A. from ktfping him the f.nd A. S. Given under my hand 
 and feal the dcy of in the year — — — . . 
 
 H. Summons of the mafter, on complaint of the 
 fervant, for ill ufagej on the 20 G. 2. c. 19, 
 
 Weftmorland. \ To the con^able of . 
 
 H E R E A S complaint hath beat made unto me • 
 
 one of his majiftys juftices of the peace in and for the faid 
 
 county, upon the oath of A. S. of — • in the faid county, huf 
 
 bandman, {labourer, &c.] that he the faid A. S. <was duly hired 
 hy A. M. of afcrcfuid in the faid county, hufharJman, to 
 
 ie fer'vant in hufbandry to him the faid A. M. [or, as the cafe fhall 
 ■be] for one i.vhole ^ear to commence from Whitfuntide no-o) lafl paft ; 
 and that he the faid A. S. did accordingly at the time afore faid 
 enter upon^ and after'vjards until this prcfent time hath continued^ 
 and doth continue, in the faid fer'vice [or employment'] ; But that he 
 the faid A. M. during the faid fruice hath mifufed him the faid 
 A . S. [refufed neceffary pronjijion, been guilty of cruelty or other ill 
 •treatment, mentioning the particulars] Lhefe are therefore to require 
 you in his majcfiys name, to fummon the faid A. M. by fhe^ving 
 jtnto him this precept, or lea'ving a true copy thereof at his ufual 
 
 place of abode, to appear bfore me on at the houfe of 
 
 ■ in in the faid county, at the hour of — in 
 
 the afternoon of the fame day, to anf.ver unto the faid compla.ni^ 
 Vol. JI, £« AnJi 
 
4i8 
 
 ^CfClOtlS. 
 
 And he you then there iJL-ith this precept, to certify ivhat you jhall 
 
 hai'e done in the execution thereof. Gi'ven under my hand and feal 
 the ■ day of • in the — 
 
 'year 
 
 ^" ■ s 
 
 I. Difcharge of the fervant thereupon. 
 H E fame as before, to the end of the complaint 
 
 j4nd ivhtreas the /aid A. M. in purfuance of my fummons 
 for that purfcjc hath appeared before me, to anfver unto the faid 
 complaint, but hath vet pro'ved that he is not guilty of the faid com- 
 plaint and charge ; hut on the contrary it hath been fully and duly 
 proved before me, that he the faid A. M. is guilty of the fever al 
 offences Jo complained of as aforefaid; [Or, Jnd ixhereas it ap- 
 pears to me upon the oath of A. C. con ji able of aforefaid, 
 
 that he the faid A. Q. by njirtue of my precept to him direSed, did 
 duly fummon hi7n the faid A. M. to appear before me at a reafon- 
 ahle time therein prefixed, to anfvjer unto the faid complaint, but 
 he the faid A. M. hath mgleHed to appear according to the faid 
 fufnmons'] .1 therefore, having examined into the truth and matter 
 of the faid comflaint, and upon due conf deration hnd therecf, do 
 hereby adjudge the faid complaint to be true ; and thereupon do order 
 that the faid A. S. be difharged, and do hereby difcharge the faid 
 A. S. from his faid fervice [or, emplo-^ment P\ Given under my 
 
 hand ami feal the defy of ———— in the year of 
 
 the reign of ■ ■ , 
 
 ieiTions, what. I. 'TT^ H E feffions of the peace is a court of record, holden 
 X before two or more juftices, whereof one is of the 
 ^orum, for execution of the authority given them by the com- 
 miffion of the peace, and certain ftatutes and afts of parliament. 
 Dalt. c. 185. 
 Difference be- ^- ^^ feems that the general feffions, and quarter feffions, are 
 
 tween general, not fynonymous ; but that the quarter feffiions are a fpecies only 
 ouarter, and of the general feffions, and that fuch feffions only are properly 
 ipccial feffions. called general quarter feffions, which are holden in the four quar- 
 ters of the year in purfuance of the ftatute of the 2 //. 5. and 
 that any other feffions holden at any other time for the general 
 execution of the juftices authority, which by the faid ftatute they 
 are authorized to hold oftner than at the times therein fpecified if 
 need be, may be properly called general feffions, and that thofe 
 holden on a fpecial occafion for the execution of fome particular 
 branch of their authority, may propsrly be called fpecial feffions. 
 2 Hainj. 4c. 
 At what time 3- By the iz R. 2. c. 10. The juftices (hall keep their feffions 
 
 the feflions ftiall jn cvcry quarter of the year at leali, and by three days, if need 
 lel«pt' 1 - be^ 
 
^effi'ons. 419 
 
 be ; on pain of being punifhed according to the difcretion of the 
 king's council, at tiie fuit of every man that will complain. 
 
 And by the 2 H. 5. y?. i. c. 4. the particular time in every 
 quarter of the year (hall be as follows ; to wit, in the firlt week 
 after the feall of St. Michael, in the iirft week after the Epiphany ^ 
 in the firit week after the claufe of Enjlir, and in the firft week 
 after the tranflation of St. Thomas the martyr ; and more often if 
 need be. 
 
 Except in Middhftx ; where the juftices fhall keep their fefiions 
 tvvice in the year at leaft ; and more often (if need be) for any 
 riot or forcible entry. 14 //. 6. c. 4. 
 
 The ftrid, regular expofition of the abovefaid ftatute of the 
 2 H. 5. is, that if the feall day fall upon the Sunday, the fefiions 
 fhall be held in the week following, and not the fanrie week. 
 2 H. H. 49. 
 
 Yet it is very plain, that the quarter feflions are varioufly held 
 in feveral counties, fome at one day, fome at another, yet it hath 
 been ruled, that thefe are each of them good quarter feflions with- 
 in the feveral a£ls that relate to quarter fefiions ; for thefe adls, 
 efpecially the 2 H. 5. is only direftive and in the aflirmative, and 
 therefore, tho' the feflions are held or another day, according to 
 the general diredlion of the 12 R. 2. yet they are quarter fcf- 
 fions, 2 H. H. 50. 
 
 4. There is no determination by any ftatute, of any particular Where «he fef- 
 place for the feflions to be kept, fo it be within the county. And ^lo"^ fhall be 
 if a place within the county be incorporated, and have juftices of "°^°^"* 
 its own, yet the fame remains part of the county, and the juftices 
 of the county may notwithftanding hold their feflions there, altho' 
 it may be that they ftiall not intermmeddle with matters arifirg 
 there, fave only fuch as happen in their feflions, or with relation 
 thereunto. Da/t. f, 185, 
 
 «;. And from hence it feems to follow, that any two fuch ju- precept to fum- 
 ftices may direft their precept under their tefte to the IherifF, for mon the fefiionsi 
 the fi;mmons of the feflions, thereby commanding him to return 
 a grand jjry before them, or their fellow juftices at a certrin day 
 and place, and to give notice to all ftewards, conftables, and bai- 
 liffs of liberties, to be prefent and do their duties at fuch day and 
 place, and to proclaim in proper places throughout his bailiwick, 
 that fuch feflions will be holden at fuch day and place, and to at- 
 tend there himfc-lf to do his duty. 2 Hu^'. 41. 
 
 And fuch precept fliould bear tefte, or be dated, fifteen days 
 before the return, and ought forthwith to be delivered to the fhe- 
 rifF, to the end he may have fufficient time to proclaim the feflisn?, 
 to fummon and return the feveral juries, and to warn all ofHcers 
 and others that have bufinefs there, to attend. Ne/f. 35. 
 
 And it is faid that fuch a precept by any two fuch juftices, can- 
 not be fuperfeded by any of their fellows, but only by writ out of 
 chancery. 2 //aov. 41. 
 
 But the feflions without a previous fummons is good, but then 
 ro man fliall lofe any thing for default of his appearance theie, 
 becaufe no man had notice of their fitting. Ldmb. 381. Nor 
 can any one be compel'ed'to appear there. L. Raym. 1238. 
 
 E e 2 Mr- 
 
420 ^ClTlCtlS* 
 
 Mr. Lnmhard puts a cafe from Mr. Marroiv, that if two Oc 
 more juftices appoint the fcirions to be holden in one town, and 
 fo many more appoint a fefiions in anotlicr town the fame day, 
 and holds they may be fo held, and that the prcfentments in both 
 are good ; but that appearance at one, is a difcharge of fervice 
 at the other. But it may be well queftioned whetiier they arc 
 rot both void ; for they make two courts of that which ought to 
 be intire and but one : for it doth not appear that the j unices arc 
 required or enabled to hold more than one feflions r.t a time, and 
 fo their authority being equal, and feeing no preference can be 
 made by the priority of time, or nature of the fervice, they may 
 be taken to be both void. However the juftice:-, by whcfe for- 
 %vardnefs fuch divifion happen?, or on whom fuch mifcarriage is 
 chargeable, are punifhable for the fame by information and fine, 
 or putting out of the commiffion, as the caufe Qiall require. Dalt. 
 c. 1S5. 
 Verfons who are 6. The pcffons who Ought to appear at thefe fefTions are a? 
 
 10 appear theic. follows: 
 
 ( 1 ) The jujiices of the peace ; thefe without doubt are compel- 
 lable to appear at the feflions, for without their appearance the 
 feflions cannot be holden. Dnit. c. 185. 
 
 But a juftice ought not to join in an order at feflions wherein 
 himfelf is concerned, nor ought his name to be in the caption. 
 An order was quafhed for that reafon. z Sc.lk. 607. 
 
 (2) The cujhs rotulorvm, who hath cuftody of the rolls of {d- 
 fions, ought (by the commiffion) to be t.here by himfelf, or by 
 his deputy, who is the clerk of the peace. Dalt. c. 185. 
 
 (3) 'l\\e. Jheriff 2\{o, by virtue of the commifllon, by himfelf 
 cr his deputy ; to receive the fines, to return jurors, to execute 
 procefs, and what elfe to his office doth appertain, id. 
 
 (4) All coroners, id. 
 
 {5) The conjlahles of hundreds (that is, high conflables) and alj 
 other ofiicers to whom any warrant hath been diredled, in order 
 to make return thereof, id. 
 
 (6) All bailijs of hundreds and liberties, in refpcfl they arc 
 bound to give an account of all feflions procefs. id. 
 
 (7) The gaoler; to bring thither his prifoners, and to receive 
 fuch as may be committed. Dalt. c. 185. 
 
 (8) The keeper of the houfe of corre£iion, to give in a kalendar 
 and account oi perfons in his cuftody. id. 
 
 (9) All jurors returned by the Iheriff, by virtue of the afore- 
 faid precept. And the jurors not appearing according to their 
 iainnioos, are punifliable by lofs of iffues, which ufually make 
 part of the ellreats of feffions. id. 
 
 (ic) All perfons bound by recognizance to anfwer, or to pro- 
 
 fecutc and give evidence, id. 
 
 Yt^e^atR oi .vc- 7- -^"^ ^'^ perfons may freely attend at the feflions for the ad- 
 
 .•'!<, to ihc id- vanceflieni of publick jullice, and for the fervice of the king. 
 
 n^iu. And to this end they are (as it were) invited thither by a certain 
 
 freedom of accefs, and by protcdlion from common arrelt ; a 
 
 thing that is incident to every court of record, and without which, 
 
 . juftice vyould be greatly hindred. So that if 9. man come volun- 
 
 3 tarily 
 
^effions. 421 
 
 tarily to the feffions, either to prefer a bill of indidment, or to 
 give information againft another, or to tender a fine upon an in- 
 diflment touching himfelf, or do come compelled to make ap- 
 pearance for faving his recognizance, and be arrefted by the fhe- 
 rifF upon common and original procefs, in his coming thither, or 
 during his tarryirg there ; it feemeth that (upon examination of 
 the matter under his oath) he fliall be difcharged thereof by tha 
 privilege of this court, even as it is ufed in the higher courts at 
 Wcfiminjli-r. Lamb. 402. 
 
 But Mr. Hanjokins puts it more doubtfully, faying, It is que- 
 fiioned whether the fefiions, as alfo all courts of record, may not 
 difcharge any perfon arrefted, during his journeying to or from 
 fuch courts, or neceflary attendance there, by prccefs from any 
 other court : However it fesms 10 be agreed, that any fuch court 
 may difcharge a perfon who fhall be fo arrefted in the face of it. 
 2 Haiv. 5, 
 
 T. y G. z. It feemeth to have been agreed in the argument 
 upon Col. Pifts^s cafe (which was an arreft in his return from par- 
 liament) that not only in the high court of parliament, but alio in 
 the inferior courts, the parties to the fuit, and alfo the witnelTes, 
 are protefled in going, continuing, and returning. And this re- 
 turning hath never been very nicely fcanned, fo as to require a 
 man to go the direifl road : and the prote£lion is not forfeited by 
 the plea of goi!7g out of the ^^^ay, becaufe it may be the party 
 went to buy a horfe, vifluals, or other necefi^uies for his journey. 
 Neither is the law fo ftriiH: in point of time, as to require a perfon to 
 fet out immediately after the trial is over; and for that was cited 
 the cafe of Hatch and BliJ'et, T. i 3 An. She had a trial at M'iii- 
 chejlcr aflizes, which was over on Friday at 4 in the afterroon : 
 Ihe ftaid there till after dinner on Satiuday ; and in the evening at 
 7 was arrefted going home to Portfmouth, which is 20 miles : and 
 the court held, that ftie ought to be difcharged, her protedion not 
 being expired, and a little deviation or loitering would not alter 
 it. Str. 987. 
 
 8. By the 22 G. 2. c. 46. No perfon (hall a6l as folicitor, at- ^"^^o ^>all aiSl 
 torney, or agent, or fue out any procefs at any general or quarter '" j;^,*^ 'tffions 
 feffions, either with refpecl: to matters of a criminal or civil na- 
 ture, unlefs he is aJnitted and inrolled according to law ; on pain 
 of 50/. to him who ftiall fue in 12 months, with treble cofts : 
 And if any attorney ftiall permit any perfon to make ufs of his 
 name in the faid court, he ihall in like manner forfeit 50/. 
 
 And no clerk of the pc^acc, under- ftieriff", or their dcputie?, 
 fliall aft as folicitor, attorney, or agent, or fue out any procefs at 
 fuch fefiions, on the like pain of qo/. 
 
 g. Where authority is given to two juftice? to do any aa, the The feflions may 
 fefiions m.ay do it, in ail cafes, except where appeal is directed to ^'^ ^^hat two 
 the feftion'.. L. /J.-^v;/ 426. juftices may. 
 
 10. Jiiflices may iftue their vvarrants for apprehending pcrfons juftices may- 
 charged of crimes wi-hin the cognizance of the fefiions, and bind bind over for 
 them over to appear ii...ic, altiio' the ofi"ender be not yet ir,di6ted. ofle"<^^es cogni- 
 I H. H. CTO. zablsat fefiions*. 
 
 'E e 3 II. If 
 
422 
 
 ^tVCions. 
 
 Sefiions to pro- 
 ccL'd by indiift- 
 ment. 
 
 Need not give 
 their reafons. 
 
 Orders may be 
 altered the fame 
 klTions. 
 
 Court equally 
 divided. 
 
 Sf (T:?ns cannot 
 rci'er. 
 
 1 1 . If jurifdiction be given to the feflions, to hear and deter- 
 mine, and doth not fay by information, this fhall be by indi£l- 
 ment, and not upon information. Da/f. c. 191. 
 
 12. The feflions are not obliged to give any reafon of their 
 judgment in the orders they make, no more than any other of 
 the courts of law. 2 Sa/L 607. 
 
 13. hy Holt Ch. J. The feflions is all as one day, and the 
 juftices may aher their judgments at any time whilfl: it continues. 
 2 Salk. 606. 
 
 14. In the cafe of Thomhy and Fleetvuood, T. 6 G. (which 
 takes up above 60 pages in Sit John Strange' % reports; which 
 was upon a writ of error in the king's bench brought againft a 
 judgment given in the court of common pleas) the court was 
 equally divided ; whereupon it was confidered what was further to 
 be done. And after feveral expedients, which were judged im- 
 pradiicable, the parties at laft confented that the judgment fliould 
 be affirmed, fo that the cafe thereupon might come before the 
 houfe of lords for a f:nal determination. And Prstt Ch. J. deli- 
 vered the opinion of the court thus : The plaintiffs in error move us 
 for an affirmance: as to that you fee the court is divided, and there 
 can be no rule : but in this cafe, becaufe the party againft whom 
 it is to be affirmed, is defirous and willing it fhould be fo, we are 
 all of opin'on that upon his confent the judgment of the common 
 pleas may be aflirmed. But left this be brought in future ages as a 
 precedent of an affirmance upon a divifion, we direft the off.cer 
 to make the rule fpecial in this cafe, on recital of the difference 
 in opinion amongil the judges, and the confent of the party. 
 Str. 383, 4. 
 
 T. 8 G. 2. K. and the juftices o^Wej}?n.orIand. Order of two 
 jjftices of the borough for removing a poor family ; appeal to 
 the feflions of the county, at which thejullices were equally di- 
 vided ; fo no determination was made, nor the appeal adjourned. 
 A mandamus was direded to all the juftices of the county in gene- 
 ral, to proceed on the appeal, And it was faid, that the juftices 
 ought in this cafe to have adjourned the appeal, or continued it 
 over to a fubfequcnt feflions, till by the coming of more juftices it 
 might have been determined. Sejf. C. V. z. 193. 
 
 Or if the court fhall be ftill divided, as fo it may happen in 
 fmali counties or towns corporate where the juftices are but few, 
 or where the number is reduced by reafon of the reft beirg inte- 
 refted j in order that the caufe may not be hung up for ever, it 
 may be adwifable (according to tne courfe prefcribed in the c:ife of 
 Th:irnhy zx\A Flcct-n.ad abovementioned) for the court, by conftnt 
 of the p'rtie?, to affirm or quafh, and thereupon ftate the cafe 
 fpcc'ally, to be laid before the judges of aflize, or rather before 
 the cou't of king's bench ; for the judges of afiize are oftea- 
 times fufficiently employed with the piopei buflnefs of the circoif, 
 without being importuned with thefe raaiters of inferior confe- 
 quence. 
 
 ig. A judre of nif: f-iu^ bv confent of parties may make a 
 rule to refer a caufe; but the feffions cannot do fo, tho' by con- 
 fent. They may reter a tning to another to examine, and make 
 
 report 
 
^efCottS. 423 
 
 ■ report to them for their determiuation, but cannot refer a thing 
 to be determined by the other. 2 Salk. i^.'j'j. 
 
 16. It feemech certain, that the feffions hath no authority to How far tht 
 amerce anyjuftice, for his non-attendance at the feflions, as the ^'^^'°"'' ''^'^'^ 
 judges of affize may for the abfence of any fuch juftice at the ''^^^^mcmbers*. 
 gaol delivery : for it is a general rule, that intrr pares nov eji po- 
 
 tcjlas, it being reafonable rather to refer the punifhrvient of per- 
 fons in a judicial office, in relation to their behaviour in luch 
 office, to other judges of a fuperior ftation, than to thofe of the 
 fame rank with themfelves. And therefore it feems to have been 
 holden, that if a juftice at the feffions, who is not of the ^lo- 
 rum, Ihall ufe fuch expreffions towards another who is of ti"ie 
 ^orum, for whicli if he were a private perfon he might be com- 
 mitted or bound to his good behaviour, yet the feffions hath no 
 authority to commit him, or to bind him to his good behaviour ; 
 And yet it feems to be agreed, that if a juftice give jolt caufe 
 to any perfon to demand the furety of the peace againft iiim, he 
 may be compelled by any other juftice to find fuch iccurity '; for 
 the publick peace requires an immediate remedy in all fuch cafes. 
 2 Haiv. 41, 42. 
 
 17. The feffions may proceed to outlawry in cafes of indict Wheihcr they 
 nients found before them; and that, by the common law: and may iffue a ca- 
 in cafes of popular aiflions, by the ftatute of the 217. c 4. But P'^^ utlagatuin. 
 they cannot iifue a capias utlagatum, but muft return the record 
 
 of the outlawry into the king's bench, and there procefs of ca- 
 pias utlagatum (hall iffue. z H. H. 52, Lafnh. 521. 
 
 But by the 12 Co. 103. They that have power to award pro- 
 cefs of outlawry, have alfo a power to award a capias utlagatvm^ 
 as incident to their authority and jurifdittion. 
 
 18. Generally, the feffions cannot award an attachment for whether they 
 contempt in not complying with their orders ; but the ordinary may award an 
 and proper method is by indidment. H. 8 G. 2. K. and Bartlett. attachment. 
 SrJJ-.C.V.z. 176. 
 
 19. The juftices are not punifhable for what they do in fef- Juftices not pu- 
 
 fions. Stam. \-Jl. nJlTiable for 
 
 20. The manner of proceeding at the feffions, is as follows : ^J^^' *' ^^"" '" 
 l-irlt, the juftices being met, the ufual courie is WJtii 3 oyes to Manner of pro- 
 proclaim the feffions, and then read the commiflion of tne peace, deetling in fex- 
 
 Dalt. C. 185. 'ions- 
 
 zi. Then the crand jury are called and fworn, and the charge ^0"'"^''''°" 
 
 , .^, •" •' ' o read. 
 
 given to them. id. Grand jury 
 
 2 2. If there be any who are to take the oaths, in order to fwom. 
 qualify them for offices, this muft be done between tiiC hours of -'a^'^S o^^^^' 
 9 and 12 in the forenoon, and not otherwife. 25 C 2. c. 2. / 2. 
 
 23, The king's proclamation againft profanenefs and imaiora- Afls to be read. 
 lity is alfo to be read; and likewije there are divers acts of par- 
 liament required to be read in the feffions, as the 5 EL c. i. 
 againft popery, and the riot ad i G. c. 5. and the black aft 
 9 G. c. 22. And the II tff 12 li\ c. 15. about ale ineafures, 30 
 C. 2. <-. 3. about burying in woollen, are required to be giyen in 
 charge at the feffions. And the 4 i3 5 PI', c. 24. 7 iif 8 IV. c. 
 32. 3 c^ 4 ./». f, 18. and 3 G. 2. c 25. concerning jurois, are , 
 
 E e 4 to 
 
424 
 
 ^tifions* 
 
 Recojnizanres 
 to give evidence 
 called. 
 
 Trying for fe!o- 
 jiies at the fam; 
 fcflions. 
 
 Bills before the 
 grand jury. 
 
 Oiher bufinefs 
 ■whilft the grand 
 jury are gone 
 out ; fuch as 
 motions, ap- 
 peals, recoj^ni- 
 zances. 
 
 Errors in form 
 to be amended. 
 
 Certificates of 
 
 nufances re- 
 moved. 
 
 Travctfes tr.ed. 
 
 to be read in MUfumnur felfions yearly. And the z G. z. c. 2^. 
 againft bribery and corruption in eledions of members of parlia- 
 ment IS to be read at every Eafcr felTions. 
 
 24. Then the recognizances may be called, efpecially fuch as 
 are to profecute and give evidence, that fo bills may be drawn 
 and prepared. Dalt c. 1S5. 
 
 2;. Akho' it is in many places ufed, to try a man for felony 
 the fame lefilons in which the indidlment is found, yet it feems 
 highly reafonable, if the prifoner defire it to be deferred, and 
 fnevv caufe probable, to defer it. For that, i. The felTicns are 
 holden ofcner than the afiizes. 2. The fpeedy trials feem to be 
 in favour of the prifoner, and n;olenti mn fit injuria. 3. If a 
 traverfe upon an indictment of nufance be not triable the fame 
 feffions that it ib joined, but a man fhall have time to provide for 
 it; much more in matter of life, where ufually the party is in 
 prifon, and may well be fuppofed lefs able to provide for it, and 
 in the nature of it requires greater corJideration. Dalt. c. 185. 
 
 And, in another place, it is faid, that it is made a doubt, 
 whether a trial can be had of a felon the fame feiilons he plcadi, 
 unlcfs he confents to it. Dult. c. 185. 
 
 26. The bills being ready, the parties bound over for that pur- 
 pofe are fvvorn to give evidence upon the bills ; and the courfe is, 
 to bid the evidence go vviih the grand jury, where they confu.er 
 of the bill, and either fnd it or not find it, and then return 
 it, id 
 
 27. V/hilft the jiiry i? gone out of court, the ufual way is, to 
 proceed upon motions and orders touching fetdements, baftaroy, 
 nufances, and the like j and to call perfons bound over to the 
 peace or good behaviour, but it may not be bell to difcharge them 
 till the end of the feiliono, becaufe bills may be preferred againft 
 them. id. 
 
 28. Upon appeals to be n^ade to the feffions againft judgments 
 or orders, the jultices fh^ill caufe any defect of form in fuch ori- 
 ginal judgments or orders, to be rectified and amended, and then 
 fhall proceed upon the merits. 5 G. 2, f. 19. / i. 
 
 29. Air. S,ha--u: (Tit. SiJJions) fays, no indii!lment for a nu- 
 fance fhall be quaflied or difcharged, unlefs two jullices do certify 
 to the court upon their own view, either by ceralicate under their 
 hands or in perfon, that the nufance is removed ; and for this he 
 quotes 3 Cro. 584. Lc.)t:>i's cafe. But that cafe only mentions a 
 certificate in general, and the certificate in that cafe was not a cer- 
 tificate of two jullices, but of feverai inhabitants adj fining ; ai.d 
 it flioald feem that the feffions may be well fatiifiea of fjch rt;- 
 moval of a nufance, by other evidence, as v;eli as by that of 
 two juflices. 
 
 30. Then may be called the perfons bound by reccgnizancs at 
 the {.ill felTions, to pro.'ecute iheir iraverfes at the prelent ftllions. 
 For if a perion indicted of a trcfpafs or ocher miidemconor, do 
 appear, and fiiall plead not guilty, and traverfe tiie indiclment, 
 he ftiall enter into recognizance to proftcute his traverfe at the 
 next quarter ufHons. I'or in Bumji fad'' s czk, 1 1 C. The whole 
 QOiirt Was of o^inio;i, that iuflic^s Qf the pcsce may not inquire^ 
 
 17, 
 
^ttUnnS* 425 
 
 try, ^nd determine civil ofFenccs, in one and the fame day ; for 
 the party ou^'cu to have a convenient time to provide for the trial. 
 Cro. Car. 448. 
 
 And on the trial of a traverfe, the defendant nmft appear in 
 the court, at the bar, in his proper peiTon ; and then the indid- 
 rnent is read to the jury; and the ptofecutor and his witnefles are 
 called to give evidence, and are heard ; and if the defendant is 
 found giiihy, the court fets a fine upon him adequate to the of- 
 fence, or other punifliment as the law direfts. Crcnvn Cir. 50, 51. 
 
 In cafe of trcfpafs and aPi'aulc, the court frequently recommends 
 the defendants to talk with the profecutor, that is, to make him 
 amends for the injury done him ; and if the profecutor comes 
 and acknowledges a fatisfa^lion received, the court will fet a 
 fmall fine on the defendant, as 3 j. 4^'. or i zrf'. Cro. Cir. 52. 
 
 Sometimes the profecutor aiid defendant agree, before the de- 
 fendant pleads to the Indidment ; and then the defendant comes 
 into court in his proper perfon, and pleads guilty to the indift- 
 ment ; and upon proving, by a fubfcr.bing witnefs, a general re- 
 leafe executed by the profecutor, the defendant lubmits to a fmall 
 £ne, fuch as the court is pleafcd to impofe. Cro. Cir. 52. 
 
 There ate frequent pofecutions at the feflions for trifling af- 
 faults, in which cafes it is advifable for a defendant not to put 
 himfelf to the expence of trying the indidtnent ; but to give no- 
 tice to the profecutor, that he intends to plead guilty to the in- 
 diflment ; in which cafe the profecutor attends the court with 
 bis witneiTes, and gives evidence of the nature of the offence ; 
 and then the court proceeds to fine the defendant for his mifbe- 
 haviour towards the profecutor : But before that is done, the 
 court will admit the defendant to call fach witnefles as he defires, 
 and will examine them by way of mitigation. Cro. Cir. 54. 
 
 31. And becaufc the arraignment and trial of prifoners is a Trial for petit 
 great part of the bufinefs of the fefuons, I will take notice of larceny and 
 fome parts thereof and proceedings thereupon : other telonks. 
 
 Towards the end of the feffions, when it appears what bills Arraignment, 
 are come in againft the prifoners, the gaoler bemg called to fet 
 his prifoners to the bar, and the crier being called to make a bar, 
 that is, to difpole of the company, that a way be made open 
 fiotn the court to the prifoners, that (he court, jury, and prifo- 
 ners may fee each other, one of the prifoners is called to ; ji. B. 
 hold up thy hand. D.Jt. c. 18;;. 
 
 Yet it is not neceflary that he hold up his h?.nd at the bar, or Holding up the 
 be commanded fo to do ; ior this is only a ceremony, for makin" l^^*^^' 
 known the peifon of the pnibner to the court, and if he anfwers 
 that he is the fame perffjn, it is all one. 2 Ha^v. 308. 
 
 Then he is acquainted witii the cfTeifl of the charge laid againft Guilty or not 
 him, Thou A. B. ilar.deft inuicled, by the name of J!. B. for §"''■)'• 
 
 jhat thou (and {o iccite the inditlment). How fayeft 
 
 thou, jJ. B. Art thou guilty of this felony and petit larceny 
 whereof thoa ftandcfl: indicted, ur not g-nlty ? Dalt. f. 185. 
 
 \i he make no anfwer at all, and v.-iil not plead, it is befl; to Mute, 
 afk him three or n;ore times, and to tell him the danger of lland- 
 i|i2 mute, and the q^ric-. oufncli. uf the judgment cf the uine fort 
 
426 MtUons. 
 
 fe* i/ure • and yet if he will fland mute, nothing more can be 
 done concerning him till judgment, but to record it. id. 
 
 But if it be for petit larceay only, he H.all not be put to his 
 peine /or t isf dure, as in cafe of grand larceny, but he fhall have 
 the like judgment aaiif he had confeffed the indidment. 2 Haiv. 
 
 329- 
 
 Privilege. If he pleads privilege, it hath been adjudged, that where pro- 
 
 ceedings are merely "at the fuit of the k.-o, as upon indidment, 
 or upon information brought by the attorney general, no privi- 
 lege (hall be allowed ; but where the proceedings are at the fuit 
 of the king and of the party, as in cafe of a common informer, 
 there the defendant may have his privilege, i Lutiu. 62. 
 
 Confeflion. 1{ he anfwer that he is guilty, then the confeffion is recorded, 
 
 and no more done till judgment. Da/t. c. 185. 
 
 Trial by the But if he fay, not guilty, he is then aflced ; culp frit, how 
 
 country. ^Jlt jh^y ^g ^ried ? Dalt. c. 185. 
 
 Which was formerly a very fignificant queftion, tho' it is not 
 fo now ; becaufe anciently trial by battel, and trial by ordeal was 
 ufed, as well as by the cotintry, or a jury. 
 
 Therefore it is now ufually anfwered. By god and the country. 
 Dalt. c. 1 85. 
 
 Humanity to- Mr. Haivkins obferves, that every perfon at the time of his 
 
 wards ihe pri- arraignment, ought to be ufed with all the humanity and gentle- 
 ncfs which is confirtent with the nature of the thing, and under no 
 other terror or uneafinefs than what proceeds from a fenfe of his 
 guilt, and the misfortune of his prefent circumftances ; and there- 
 fore ought not to be brought to the bar in a contumelious manner, 
 as with his hands tied together, or any other mark of ignominy 
 and reproach ; nor even with fetters on his feet, unlefs there be 
 feme danger of a refcous or efcape. 2 Haiv. 308. 
 
 And the court ought to exhort him to anfwer without fear, and 
 to acquaint him that he fhall have jullice done to him. 2 Inji. 
 316. 
 
 Wjtneflcs called. Ne.vt, the prifoner having put himfelf upon his country, the 
 profecutors are called on their recognizances to give evidence. 
 Dah. c. 185. 
 
 Jury called. ' Then the jury are called on their panel, thus, You good men 
 
 that are returned and impanelled, to try the ifl'ue joined between 
 our fovereign lord the king, and the priloner at the bar, anfwer to 
 your names. Dalt. r. 185. 
 
 Proclamation. Which d<,'ne, and they appearing a full jury, a proclamation is 
 
 made ; If any can inform the king's attorney, or this court, of 
 any treafons, murders, felonies, or other raifdemeanors agalnll 
 J. B. the prifoner at the bar, let them come foith, for the pri- 
 foner ftands upon his deliverance. Dcilt. c. 185. 
 
 eballcngc. Then it is faid to the prifoner. You prifoner at the bar, the 
 
 perfons that you fhall now hear called, are to pals upon your 
 trial (upon your life and death, if it is a capital offence; ; it you 
 will challenge them, or any of them, you mull challenge them as 
 they come to tlie book to be hvorii, and before they be fwoin. 
 Dalt. c. 1S5. 
 
 Then 
 
^eflioits, 427 
 
 Then call the foreman of the jury, and fay unto him, Lay Jury fworn. 
 your hand on the book, and look upon the prifoner ; You (hall 
 well and truly try, and true deliverance make, between our fove- 
 reign lord the king, and the prifoner at the bar, whom you Ihall 
 have in charge, and a true verdift give according to your evi- 
 dence : So help you god. 
 
 Then call the fecond, and fo fwear him in like manner, and fo 
 on to 12, and neither more nor lefs. 2 H. H. 293. 
 
 Then count them 1 2, and fay. You good men that are fworn, Jury charged. 
 you fhall underftand, that J. B. now prifoner at the bar, Hands 
 
 indided, for that he (and fo recite the indidment) : To 
 
 which indidment he hath pleaded not guilty, and for his trial 
 hath put Ifimfelf upon god and the country, wljich country you 
 are ; fo that your charge is, to inquire whether he be guilty of 
 the felony or petit larceny v/hereof he llands indided, or not 
 guilty ; If you find him guilty, you fhall fay fo, and inquire 
 what goods and chattels he had at the time of the faid felony and 
 petit larceny committed, or at any time fmce : (Or, if it be 
 for felony above petit larceny, — then, what goods and chattels, 
 lands and tenements he had at the time of the faid felony com- 
 mitted, or at any time fmce:) \i you find him not guilty, yoa 
 fhall inquire, whether he did fly for it, and if you find that he 
 fled for it, yoa fliall inquire what goods and chattels he had at the 
 time of fuch flight. If you find him not guilty, and that he did 
 not fly for it, you fhall fay fo, and no more : and fo hear your 
 evidence. 2 H. H. 293, 294. Dalt. c. 185. 
 
 Then call the witnelTes, and fwear them, one by one, thus: WitnefTcs fworn. 
 ^he cnjidencc that you Jhall gi've on the heha'f of our fo-vcrcigji lord 
 the king, agairji A. B. prifoner at the bar, Jhall be the truth, the 
 nvhoU truth, and nothing hut the truth : So help you god. Dalt. 
 C. 185. 
 
 When the witnefTes for the king have been examined, if the WitnefTes for 
 prifoner defires that any witnefies fhould be examined for him, ti^e prifoner. 
 they muft be examined alfo on oath. 
 
 On trials of this nature, the prifoner fhall not have counfel Prifoner not to 
 allowed to him, unlefs a point of law arife, proper to be de- ^1*^'= counfel- 
 bated ; nor a copy of the indidment. 2 Han.v. 400, 402. 
 
 But iji offences under felony, a defendant may be heard by his 
 counfel. IVood logS. 
 
 Orherwife, the Court i? to be of counfel with the prifoner, and Court to b? of 
 eight to advife him for his good, and not take advantages too «^o""''el with 
 flndly againit him Da/t. c. iS^. ^''"• 
 
 When the prifoner hath done, and hath been heard all ha hath Evidence fum- 
 to fay in his defence, the evidence is fu.Timed up by the court to "^^d up. 
 the jury. And if they cannot agree on their verdid at the bar, 
 a bailiff muft be fworn to keep the jury, thus; 7 ou /hall /ivear 
 that you Jhall keep this jury, ivithout meat, drink, Jire, or candle', 
 you Jhall fuffir none to [peak to them, neither Jhall you fpeak to them 
 your filf, but only to ajk them ^whether they are agreed: So help you 
 god. id . 
 
 The jury coming back, the prifoner is brought to the bar ; Verdia. 
 then the jury is called j they appearing, fay, Set A. B. to the 
 
 bar; 
 
42 8 ^tfROtlS* 
 
 bar ; Who being there, fay, Look upon the prifoner ; how {ay 
 you, is y4. B. guilty of the felony (or as the cafe is) whereof he 
 ftands indifled, or not guilty ? If they fay, not guilty, bid him 
 down upon his knees. If they fay, guilty; record it, and bid 
 him be taken away. Then fay, hearken to the verdift as the 
 court hath recorded it ; You fay, J. B. is guilty [or, is not 
 guilty] of the felony whereof he ftands indifted. id. 
 
 Judgment. Then make a proclamation and fay. All manner of persons 
 
 keep filence, whilit judgment is giving againft the prifoner at the 
 bar, upon pain of imprifonmcnt. Then fet the piifo^tr to the 
 bar, and give the fentence. id. 
 
 Wages of the 32. By the 12 ^. 2. c. 10. The juftices fhall take for their 
 
 juftices, aiid wages 4 .f. the day for the time of their feffions, and their .lerk 2 s. 
 
 eftreau. ^f jj^g ^^gg 2jjj amerciaments rifing and coming of the: fame fef- 
 
 fions, by the hands of the ftierifF?. And the lords of franchifes 
 fhall be contribatary to the faid wages, after the rate of their part 
 of fines and amerciaments. 
 
 But no duke, earl, baron, or baner&t, fhall take any wages. 
 14 R. 2. c. 1 1. 
 
 And the eftreats of the juftices fhall be doubled, and the one 
 part delivered by them to the ftierifF, to levy the money thereof 
 rifing, and thereof to pay the juftices their wages by the hand of 
 the (herifF, by indenture betwixt them thereof to be made. 
 14 R. 2. c. 1 1. 
 
 Fees ia feffions. 33* '^^^ ^^^^ '" feffions for traverfing, trying, or difcharging 
 indiftments, difcharging recognizances of the peace and good be- 
 haviour, and the like, do vary according to the cuftom of the 
 country ; and in that place the cuftom of the place is to be ob- 
 ferved. Dalt. r. 41. 
 
 By Holt Ch. J. The court cannot commit for non-payment of 
 fees ; for if there is right, there is remedy ; and indthitatus af- 
 fumpfit will lie, if the fee is certain ; if uncertain, quantum ?neruit. 
 L. Raym. 703. 
 
 Precept to fummon the felTions. 
 
 Weftmorland. T P. and K. P. efquires, jujiices of our foveret^n 
 J ' lord the hng, ojj-gned to keep the peace in the 
 county of '• aforefaid, and aljo to hear and dctertr.ire dit'ers 
 
 felonies, trefpaffes, and other mi f demeanors co?nmitttd in the faid 
 county, and one of us the Quorum ; To thr' f^eriff of the fame coun- 
 ty, greeting: On the behalf of our faid fo-vereign lord the king, tve 
 comma7id you, that you omit not by reafzn of any liberty --within your 
 county, but that you enter therein, and that you caufe to come bifore 
 vs, or others, juftices afjigned to keep the peace in the /aid couvty, 
 and alfo to hear and determine d.'vc.rs felonies, trefpaffes, and other 
 
 tnifdemeanors in the faid county conmitttd, on the - 
 
 ^„y of rionv next enfuing, at the hour of ten in the forenoon 
 
 cf the fame day, c^t in the f ltd county, i\ g'.cd and lanvful 
 
 men of the body of the county aforefaid, then ard there to inquire, 
 frejimt, do and perform^ all and fvgular fuch things^ 'which on the 
 ^ebalf of our fud forjcrcign lord the king Jhall he injoincd them : 
 
^effionsf. 429 
 
 Alfo that you via\e knoix:n to all coroners, heepers of gaols and of 
 haufes of corrfSlion, high conjlahles, and bailiffs of liberties, <vjithin 
 the county aforfaid, that they he then there to do and fulfil thofe 
 things -xvhich by reafon of their ojjues fiall be to be done : Moreoi<er, 
 that you caufe to he proclaimed thro"" the faid county in proper places 
 the pforefiid feffions of the peace to be held at the day and place 
 oforefaid : And do you be then there, to do and execute thofe things 
 nvhich belong to your of ice : And ha-ve you then there as <tvell the 
 names of the jurors, coroners, keepers of gaols, and of houfes of cor- 
 reilion, high conjiablcs, and bailiffs aforefaid, as alfo this precept. 
 
 Given under our feals at A . in the county aforefaid, the — day 
 
 cf in the - — • year of the reign of 
 
 When the fherifF hath received this precept, he muft direfl fe- 
 veral warrants to the feveral bailiffs of hundreds and liberties, 
 containing in them the fubftance of the faid precept. 
 
 The ftile of the feffions. 
 
 Weftmorland. ■'" b *" H E general quarter feffions of the peace, holden 
 
 ^ at in and for the faid county, on the 
 
 day of in the year of the reign of our jo'vereign 
 
 lord George the fecond, of Great Britain, France, a7id Ireland, 
 king, defender of the faith, and fo forth, before J. P. and K. P. 
 efquites, and others, jujiices of our Jaid fovereign lord the king, 
 affigned to keep the peace in the faid county, and alfo to hear and de- 
 termine diuers felonies, trefpaffes, and other mi/demeanors in the fai^ 
 county committed, and of the Quorum, and fo forth. 
 
 Note, It is not fafficient to fay>, held at fuch a place fach a day 
 hy adjournment ; but it muft appear when the original feffions be- 
 gan, and that it was regularly continued to fuch adjournment. 
 Str. 832, 865. •- 
 
 Condition of a recognizance to appear and give 
 evidence at the feffions, in cafe where the king is 
 a party. 
 
 TH E condition of this recognizance is fuch, that if the 
 abonjeboufid A. W. fhall perfonally appear at the next 
 general quarter ftffons of the peace, to be holden at <• ht 
 
 and for the county cf . and then and there give fuch e'vi- 
 
 deuce as he kno'weth, againji -. concerning his felonious taki:ig 
 
 and carrying a'vjay the property of and do not de- 
 part thence nvithout ha've of the faid court, then this recognizance 
 to be moid. 
 
 Sulpeena 
 
430 
 
 Subpcena to give evidence, in cafe where the king is 
 not party. 
 
 GEORGE the Second To A.W. B. W. and C. W. 
 of yeomen, greeting. IVe command you, and emery 
 
 of you, that all bufinefs being laid ajlde, and all excufes ceafing, 
 you do in your proper perfons appear before our jujiices ajjtgned to 
 keep our peace in the couiity of and alfo to hear and de- 
 termine dinjers felonies, trefpaffes, and other mtfdejntanors in our faid 
 county committed, at the [tjjion of the peace to be holdcn at ■ • 
 
 in and for the faid county, on ■ — the day of 
 
 no-ijo 7uxt enfuing, at the hour cf ten in the forenoon of the fame day, 
 to tejify all and fngular thofe things, ix-hich you, or a7iy of y.u, 
 fhall hioix\ in a certain appeal no-iv depending hetiveen the churcb- 
 ivardens and o'verfeers of the poor of the parfh cf • 
 
 appellants, and the church'wardins and overfeers cf the poor of the 
 fari/h of — — — — . removants, touching and concerning the rcmo'val 
 of A.?, from the faid purijh cf ■ [Or, in Cafe where the 
 
 king is a pafty, • to ttfify the truth and giue e'vidcnce on 
 
 our behalf, againji A.O. in a cafe of trefpafs and affault'\ And 
 this you and e-uery of you are in no vjife to otnit, under the penalty 
 of \o\. for you and every of you. Witnefs J. P. efquire, the 
 ■' day of . 
 
 Note ; There may be four witneffes put in ovit Jubpcena. 
 A fuhpcena ticket for a witnefs. 
 
 M^, A. W, By virtue cf a nxrit of fubpoena, to you and 
 others direiled, and herewith Jhevon unto ycu, you are requi- 
 red perfonally to he and appear at the next gemral quarter fjjions 
 of the peace to be holden at • in and for the county of - 
 
 to tejiify the truth according to your knovL'ledge in a certain appeal 
 iiovj depending, betvjeen the churclywardens and o'jerfeers of the poor 
 of the parifh of •• appellants, and the church-iuaraens and 
 
 o-uerfecrs of the poor nf the parijh cf • remo'vants, concerning 
 
 the removal of A. P. from the Ja id parijh of to the fuid 
 
 parijh cf ■■ on the part cf the fid appellants : And herein 
 
 you are not to fail, on pain of \o\. Dated the d.:y of 
 
 • in the year . 
 
 Y the 23 H. 8. c. 5. Commifiions of fewcrs fhall be ifTucd, 
 ^1 In all part? of the realm, where need fbalJ require. 
 And by the 13 El. c 9. For one year after the expiration of a 
 commiflion of fewers. the juftices of the peace, or fjx of them, 
 
431 
 
 (z ^) may execute the powers of the faid commifficn, unlefs a 
 new commiffion Ihall be ifiued in the mean time. 
 
 But as the power and authority of thefe commiffioners of fewers 
 is not general enough to fall in with the defign of this book, I 
 fhall chufe to refer thofe whom it may particularly concern, to 
 the ftatutes at large which treat of this title ; namely 
 
 23 H. 8. c. 5. 
 25 H. 8. c. 10. 
 ^& 4. Ed. 6. c. 8. 
 7 Jn. c. 10. 
 
 Befides which general afts, there are others which concern the 
 cities of London and IVefimmJhr only, and Other places within the 
 bills of mortality ; to wit, 
 
 3 7- <• H- 
 
 19 C. 2. f. 3. / 20. 
 
 22 iff 23 C. 2. f. 17. 
 
 2 W. feff. 2. c. 8. 
 8^9 //'. c. 37. 
 
 ^t)cep. 
 
 Y the 25 H. 8. c. 13. For the preventing many farms be- Noneftiallhwr 
 ing accumulated into few hands, and for the encourage above 3009 
 ment of tillage, it is enafted, that no perfon fiiall have above ^^^P« 
 2000 flieep at one time, at fix fcore to the hundred, except it be 
 upon his own inheritance only, and except what are neceflary for 
 his houfhold ; on pain of forfeiting 3 j. /[d. for every Iheep above 
 that number, half to the king, and half to him that will fue. 
 
 And if any perfon fhall happen to have more, by reafon of 
 being executor or adminiftrator, he fhall fell oiF within a year, till 
 he have but 2000. 
 
 But fheep bequeathed to a child within age, fhall not be reck- 
 oned in the number. 
 
 And lambs are not to be reckoned fheep, till the fecond MiJ- 
 Jummcr after they are lambed. 
 
 And the jultices of the peace may enquire of this ciTence by a 
 jury, or by infoimation. 
 
 2. And for the fame reafon, no perfon fhall take above two Xone fliall have 
 farms with houfes thereon ; nor (hall any perfon have two, except above two fy.:ir.s. 
 he dwell in the parifh where they both are ; on pain of 3 j. 4 d. 
 
 a week in like manner, id. 
 
 3. By the 8 El. c. 3. No perfon fhall fend or carry over fea, Carrying O.sep 
 or receive into any fhip for that purpofe, any fheep alive ; on pain o»«f ^«*' 
 
 for the firft offence, of forfeiting all his goods, half to the king, 
 and half to iiim that will fue, and being imprifoned for a year, 
 and at the year's end in fome open market town, in the fulnefs of 
 
 the 
 
432 ^Ijecp. 
 
 the market, on the market day, he fiiall have his left hand cut ofl'v 
 snd nailed up in the openeft place of the niarket ; And for the 
 fecond offence, fhall be adjudged a felon, and flisll fiffer death 
 ss in csfes of felony ; But not to work corruption of blood. 
 And the juftices of the peace may enquire of, hear and determine 
 the fame. 
 
 But the offender may have his clergy, as well in the cafe of ihe 
 cutting off" his hand, as in the cafe of felony. 3 hfl. 104. 
 
 And by the i 2 C. 2. c. 32. No perfon (hall export, or lay on 
 board with intent to export any (heep, except wether {heep for the 
 Ihip's ufe only ; on pain of forfeiting the fame, and for every 
 fheep 20 i. half to the king, and half to him that (hall fue, at the 
 fefRons, or elfewhere. And the owner of the fhip, knowing the 
 offence, (hall forfeit his intcreft in the (hip and furniture. And 
 the mailer and mariners afllfting, (hall forfeit, in like manner, all 
 their goods and chattels, and be imprifoned three mon:h=. And 
 any merchant or other perfon offending herein, fliall be difabled 
 to require any debt or account from any faaor or other. And 
 the offender may be tried in the county from whence they were 
 exported, or where he ihall be apprehended. I'rofecution to be 
 in one year. And if the fhip beloiigs to an alien, it fhali be for- 
 feited to the king. 
 Killing flicep in 4. If any perfon (hall in the night time malicioufly and wil- 
 ttie night. lingly kill any (h-eep ; he fhall be guilty of felony : but to avoid 
 
 judgment of death, he may make his ele^iion to be tranfported 
 for feven years. And three julfices (i ii^.) may hear and deter- 
 mine the fame. 22 i5 2% C. z. f. j . 
 Kirting (heep in 5. If any perfon fliall in the ni2;ht time maIicio«fiy snd wil- 
 tbe night. I'^gly maim, wound, or otherwife hurt any (heep, whereby the 
 
 fame is not killed ; he fhall forfeit to the party grieved treble da- 
 mages, by aftion of trefpafs or on the cafe. 22 i^ 23 C. 2. c. 7. 
 •Sheep ftealing 6. If any perfon (hall felonioufiy drive away, or in any other 
 
 ■or killing, 10 J. manner felonioufiy (leal any flieep or lamb ; or (hall wilfully kill 
 any fheep or lamb, with a felonious intent to (leal the carcafe or 
 any part thereof; or fliall aflift or aid in committing any the faid 
 offences; he fhall be gu.lty of felony wuhout benefit of clergy. 
 14 G. 2. c. 6. f. I. 15 G. 2. c. 34. 
 
 And every perfon, who fhall apprehend and profecute to con- 
 viftion any fuch offender, fliall have a reward of 10/. In order 
 to which, he fliall have a certificate figned by the judge, before 
 the end of the aiTizes, certifying fuch coriviclion, and where the 
 t)ffence WaS committed, and that the offender was apprehended 
 and profecuted by the perfon claiming the reward ; and if more 
 than one claim the reward, he fliall therein appoint what (hare 
 ^fhall be paid to each claimant : Which certificate being tendred to 
 •the fheriff, he fliall pay the fame within a month, without de- 
 daQion, on pain of forfeiting double, with treble cofts : The tame 
 •to be allowed on his accounts, or to be repaid him out of the 
 •Srcafury. 14 G'. 2. c, 7. /. 2, Jj 
 
 B^criff, 
 
433 
 
 t, ri HE RIFF (Shi'-e'vr) in Saxon '\s fchgerefa, from //V^z', Sheriff, what. 
 
 1^ to /hare or divide, for that the whole realm is parted and 
 divided into Jkircs ; and gercfa, the comrs, earl, or governor, in 
 the Belgick called graef or grave. The word ccmes, or count, 
 came firft into Europe out of the eaftern countries, probably from 
 the Hchreiv cote or ctt.ic, which denoteth ftrength, firmnefs, or 
 ftability ; and the word county, in L^itin comitntus, feemeth to be 
 nothincT elfe but the divifion or allotment over which the comes or 
 count had jurifdiftion. And when the counts or earls left the 
 cullody of the counties, then was the cuftody thereof committed to 
 the 'vifcounts, or 'vicecomites (which is the Latin name for the 
 flierifFs) ; fo called, becaufe they fupply the place of the comes or 
 earl. The earl was otherwife called by the Saxons eorl, ealdur, 
 caUorman (elder, or alderman), becaufe they were lifually men of 
 age and experience •, by a Hke derivation as that oifenators among 
 the Ranans. 
 
 2. By four feveral ftatutes it is enafted, that none Ihall be fherifF, Who {hall l»c 
 except he have fulficient land within the Ihire, to anfwer the king ftietfa. 
 
 and his people. 9 Ed. 2. /. 2. 4 Eel. 3. c. 9. 5 Ed. 3. c. 4. 
 13 y 14 C. 2. c. 21. 
 
 3. At the common law, the fherifF was chofen by the county; ^"3* chofen, 
 but now by the llatute of the 14 Ed. 3. f. 7. he fhall be appointed 
 
 yearly on the morrow of Jll Souls, at the exchequer, by the 
 chancellor, treafure'r, and chief baron, taking to them the chief . 
 juftices. 
 
 Except in London, and where the office is a man's freehold or 
 inheritance. 23 H.6. c 8. 
 
 4. The IherifF (except in Wales and Chefter) at the entring ^'^ °^^^ °^ •f* 
 upon his office Ihall take the following oath (to be adminiftred in *** 
 purluance of a writ of dedimus pctejiatcin) ; 
 
 J A.E. do fzvear, that I <zvill ivlH and truly fer've the kings 
 
 majejly in the office of Jheriff in the county of and promote 
 
 his majejlfs profit in all things that belong to my office, as far as I 
 legally can or may ; I 'ucill truly prcfer^je the king''s rights, and all 
 that belongeth to the cro^vn ; 1 ''c:ill not affient to decreafe, lejfen, or 
 conceal the king's right, or the rights of his franchifes ; /Ind n.vhen- 
 Joever I Jhall ha^ve kno<v:lcdge that the rights of the cronun are con- 
 cealed or n)Athdran.i:n, he it inlands, rents, franthifs, fuits, or fer- 
 fvices, or in any other matter or thing, 1 ivill do ?ny utmofi to Tnake 
 them be refiored to the croivn again ; and if I may net do it myfelf 
 1 vjill certify and inform the king thereof, or fame of his judges ; / 
 ivill not rcfpite or delay to le-vy the kings debts, for any gift, pro- 
 mife, retuard, cr fwvour, nvh. re I may raifc the fame vjithout great 
 grie-'jance to the debtors ; I ^jjHI do right, as '■jucll to poor as to 
 rich, in all things belonging to my office ; I ^a:ill do no 'wrong to any 
 man, for any gift, revjard, or p'omife, nor for fa'vour or hatred; 
 I ijcill diflurb no man's right, and •ruill truly and faithfully acquit 
 at the exchequer, all thfe of <it.hc?n I fhall receive any debts or 
 
 Vol. II. F f duiic 
 
434 ^Dcri'ff. 
 
 duties belonging to the croivn ; I icill take nothing ivher^hj the ih/g 
 may lofe^ or H.\jhereby his right may be di/lurbed, injured, cr delayed i 
 1 ix:iH truly nturn, and truly ftr've all the king's ijcrits, accord- 
 ing to the bejl of- my Jldll and knoivledge ; I ivill take no bailiff's 
 into my Jernjice, but fuch as I ^11 unfix er for, end nx:ill caufe each 
 of them to take Juch oaths as I do, in 'vohat btlongeth to their bujl- 
 nefi and occupation % I nxill truly fct and return rcnfonahle and due 
 ifjucs of thc7n that be ixnthin my bailiix'ick, according to their ejiate 
 and circumjiances, and viake due pamls of \erfons able andfuficiefit, 
 und not fufpc£led, cr procured, as is appointed ly the fatutes of this 
 realm ; / ha've not fold or let to farm, nor contracted for, nor hanje 
 1 granted or promijed for rei.vard or benefit, nor ivill I fell or let to 
 farm, nor contrail for, or grant for reiisard or benefit, by my felf 
 or any other perfon for me, or for tny ufe, direilly or indireffly, my 
 Jheri^-wick, or any bailii-vick thereof, or any office belonging there- 
 unto, or the profits of the fame, to any perfon or perfons ivhcrtfoe'ver ; 
 1 ijcill truly and diligently execute the good laijos and fiatutes of this 
 realm ; and i:i all things nvell and truly bfhan;e my felf in my cff.ce, 
 for the honour of the king, and the good of his fuhjeSis, and difcharge 
 the Jame according to the hefi of my fiiill and ponver : So help me god, 
 3 G. c. 15, f. 18, 19. 
 
 f£ior^offi«s 5' ^y ^^^ .+ ^^- 4- ^- "^^ Theiheriff in peifon fhall continue 
 en r ce . ^j^j^j,^ jjj^ baiii^yir^^ and fhall not let it to farm. 
 
 And by the 3 G. c. 15./ 10. None fnall buy, fell, let, or 
 take to farm the office of under fherifF, gaoler, bailiff, or other 
 office pertaining to the office of high flieriff ; on pain of 500 /. 
 half to the king, and half to him that fhall fue (in two years). 
 Sheriff s ofEcers ^^ j, ^j^^ ^ ^ Sheriff's ofHcers fnall not be attornies. 
 
 nottobeaUOr- « , , n •«- n ,1 r , ■ nr ■ n 
 
 nies, or jurors. -"nd the Ihenfr Ihail return none of his omcers upon inquelts : 
 
 on pain of 40 /. half to the king, and half to him that fhall fue, 
 
 in the fefTioiis, or elfewhere. 23 H. 6. c. 10. 
 
 Appointment of 7. The Under (heriff fhall be appointed by the high fherifF, be- 
 
 the under ihenfF. caufe he fhall anfwer for him ; and he fliall take the like oath as 
 
 the high flieriif, mutatis mutandis. 3 G. c. i 5. / 19. 
 Appointment of 8. The bailifis aUb fhall be appointed by him for the like rea- 
 bailifis. ^Qj^ . g^i^j every bailiff, when he gives fccurity upon entring into 
 
 his office, fhall make it part of the condition of fuch fecurity, 
 that he will deliver a copy of the claufe in the a£l of the 2 G. 2. 
 c. 21. concerning the carrying of prifoners for debt to alehoufes, 
 which is inierted more^ at large in title (ffifaolcr. 
 
 And fuch bailiff, or. other perfon returning juries, cr intermed- 
 dling with procefTes, fliall take the following oath of office, before 
 a judge of affize, or the cufios rctulorum, or two julfices of the 
 peace (r .^j ; 
 
 / A. B. Jhall not ufe or cxercife the office of bailiff corrupt ly^ 
 during the time that I Jhall remain therein, neither Jhall or nxill 
 accept, recei've, or take, hf any colour, means, or dr 'vice ivhatfo- 
 ever, or co7fent to the taking of any manner of fee or renuard of any 
 perfon or perjons, for the iir.pancUing or returning of any inquffi, 
 jun^ or tales, in any court of record, for the king, or betixixt purty. 
 and party, abcve z s. or the 'value thereof, or fuch fees as are al- 
 lo<Viii,d and appointed Jor the fe.me hy the Iwu-'S and Jlatutts cf this 
 
 realm. 
 
I)ttt'ff. 43 S 
 
 realm, hut 'ivi/I according to my fonjcer, truly and hdiffercntly, •vjith 
 ton^enient fpeed, impanel all jurors, and return all fuch -writ or 
 ivrifs touching the fame, as Jhall appertain to be done by my duty or 
 office, during the time that I jhall remain in the f aid office : So help 
 ine god, 27 EI. c. 12. f. 2. 
 
 And perfons afting before they have taken the fald oath, fhall 
 forfeit 40/. half to the king, and half to him that fliall fue, in 
 the feflions, or other court of record, id. / 4, 6. 
 
 And if they commit any aft contrary to their faid oath, they 
 fliall forfeit (in like manner) to the party grieved his treble da- 
 mages, id. f. 5. 
 
 And the fiieriff's bailiffs fhall not be in the fame office in three 
 years after, i //. 5. c. 4. Except in London, ^liddlefex, Durham^ 
 M^efimorland, and towns being counties 6f themfelves. 3 G. c.\ j. 
 
 9. The Oieriff hath a junfJiftlon both in criminal and civil -r^g fteriffV 
 cafes; and for this purpole he bath two courts, his tourn for cri- two courts; the 
 minal caufes, which is therefore the king's court; the other is torn, and county 
 his county court for civil caufes, and this is the court of the fheriff *^'''""' 
 himfelf 3 Salk. 322. 
 
 10. The new (heriff being appointed and fworn, he ought at or SherifF's recei- 
 before the next county court, to deliver a writ of difcharge to the ving the ac- 
 o!d fheriif, who is to fet over all the prifoners in the gaol feverally '^°j'""j^'^ ^'* 
 by their names (together with all his writ?), precifely, by view and • "''' ' 
 indenture between the two fheriff-' ; wherein muft be compre- 
 hended all the aftions which the old fheriff hath againft every 
 
 prifoner, tho' the executions are of record. And till the delivery 
 of the prifoners to the new fheriff, they remain in the cuilody of 
 the old fheriff, notwithftanding the letters patents of appointment, 
 the writ of difcharge, and the writ of delivery. Neither is thfe 
 new fheriff obliged to receive the prifoners, but at the gaol only. 
 But the off.ce of the old llleriff ceafes, when the writ of difcharge 
 Cometh to him. Wood 119. 
 
 And by the 20 G. 2. c 37. The old fheriff fhall turn over to 
 his fucceffor, by indenture and fchedule, all fuch writs and procefs 
 as ihall remain unexecuted ; and the new fhe.'-iff fhall execute and 
 return the fame. 
 
 11. The flieriff having a juftice of the oesce his warrant di- Sheriff how fat- 
 refted to him, fliall execute the fame ; but he need not go in ^'"^"able to th« 
 
 r - u 1 • L J • V'r juftices of the 
 
 perlon to execute it, but may authorize another to do it. 2 Haiu. pg^j.^ 
 86. 
 
 And it is no excufe to the fheriff to return that he could not 
 execute a precept becaufe of refillance ; for he may take with him 
 the power of the county. 13 Ed. \. jl. \. c. 39. 
 
 Alfo the fheriff, on fummons, is bound to attend the feffions of 
 the peace, there to return his precepts, to take the charge of the 
 prifoners, to receive fines for the king, and the like. 2 Uaiv. 41 1 
 
 And it feems clear from the general reafon of the law, which 
 gives all courts of record a kind of difcretionary power over all 
 abufes by their own officers, that the fheriff is puniihable by the 
 julticcs in feflions, for defauhs in executing their writs and precepts, 
 2 /ifiw. 142^ 143, 
 
 F f 2 12. Every 
 
43^ ^IjCtlff. 
 
 Sheriff a confer- I 2. Every flieriff is a principal confervator of the peace, by 
 vator of the t^g common Jaw, and may ix opcio award procefs of the peace, 
 to*afl as"^uftk ^^^ ^^^ furety for it ; and it ieems to be the better opinion, that 
 tlie fecurity fo taken by him is by the common law looked on as 
 a recognizance or matter of record, and not as a common obliga- 
 tion. 2 liauj. 33. 
 
 But no fheriiFfliall exercife the office of a juflice of the peace, 
 in any county wherein he is flieriif ; and in fuch cafe, his acts as a 
 juftice fhall be void, i Mar. fcJJ. 2. r. 8. 
 Sheriff to have 13. By the 14 Ed. 3. c. 10. and 19 //. 7. c. lo. The IherlfF 
 the keeping of fhall have the keeping of gaols. 
 
 ^^°^^' And in all cinjil caufes, as in cafes of imprifonment for debt, 
 
 the fherifF or gaoler (at the eleftion of the parry) (hall be anfwer- 
 
 able for efcapes fuffered by the gaoler ; but if the gaoler fufFer a 
 
 felon voluntarily to efcape, this inafmuch as it reacheth to life, is 
 
 felony only in the gaoler, but the fherifif may be indicled, fined, 
 
 and imprifoned. 1 H. H. qc;-. 
 
 Sheriff anfwer- 1 4. Where the fheriff levies money on 2^ fcri facias, the plaintijf 
 
 able for money pfi^y have an adlion of debt againll him for trie money, becaufe 
 
 levied by him. j^. ^^^^ received by him to the plaintiff's ufe, and the defendant 
 
 is difcharged of it j and it lies againft his executors if he die. 
 
 3 Salk. 323. 
 
 Piffinghis ae- 15. The manner of pafllng his accounts is dire£led at large by 
 
 counts. tlie ftatutes of the 3 CP. c. 1 5 Cs* 16. which, being foreign to our 
 
 purpofe, are not here inferted. 
 Paying rewards 1 6. But after the {heriif hath paid the rewards for apprehend- 
 
 tor conviaing ing highwaymen, houfebreakers, and fuch like, he fliall not be 
 cftenders. obliged to tarry until the paffing of his accounts for the repay- 
 
 ment thereof, but he may immediately apply to the commiffioners 
 of the treafury, who ihall upon infpeding the certificate of the 
 conviftion, and the receipts of the perfons to whom the rewards 
 were paid, forthwith repay the fame to the ftierifF without fee, 
 3 G. c. 15. /; 4-. 
 How Ion" he 'Z- No fherifF fhall continue in his office above or,e year. 
 
 Ihall continue in 1 4 Ed. 3. f. 7. 28 Ed. 3. r. 7. Except in London, I\liddl(fx, 
 «^'«' and towns being counties of themfelves, and where the office is a 
 
 man's freehold, or inheritance, z's, H. 6. c.S. 3 G. c. i 5./ 21. 
 And by the i R. 2. c. 11. None that hath been fheriff fhall be 
 (o again within 3 year?, if there be other fufficient. 
 
 But by the 17 Ed. 4. c. 6. The fheriff may hold his office 
 after the year, during Michaelmas and Hilary terms, if not before 
 lawfully difcharged. 
 Sheriff dying 1 8. If the fherifF fliall die before his office fhall be expired, 
 
 before the expi- the Under flieiiiF Ihall execute the fame in the deceafed fherifF 's 
 Mtion of his ot- jjanie, till a new fherilf be fworn, and be anfwerable for the ex- 
 ecution thereof, as the decealed llierifF would have been. 3 G. 
 c. ic. f. J? 
 
 €6ip^» 
 
 fic«. 
 
437 
 
 I . ¥ F any owner of, or captain, mafter, mariner, or other of- Wilfully dc- 
 
 1 ficer belonging to any fhip, Ihall wilfully caft away, burn, ftroying. 
 or otherwife dellroy the fhip of which he is owner, or unto which 
 he belongeth, or in any wife direft or procure the fame to be 
 done ; with intent to prejudice any perfon that fhall underwrite 
 any policy of infurance thereon, or any merchant that fhall load 
 goods thereon ; he fhall be guilty of felony without benefit of 
 clergy. 1 1 G. r. 29. f. 6. 
 
 And if it is committed within the body of a county, it fhall be 
 tried there ; if on the high feas, it fhall be tried as in cafes of 
 piracy. / 7. 
 
 And by the 20 G. 2. c. 52. The faid offence is excepted out of 
 the general pardon. 
 
 2. By the 12 An. Jl. 2. c.\%. and 26 G. 2. c. 19. If any p,„„dering or 
 perfon fhall plunder any fhip in diftreis, or wilfully do any thing deftroying a fhip 
 tending to the immediate lofs of fuch fhip ; he fhall be guilty of in diftrefs. 
 felony without benefit of clergy. 
 
 3. All perfons who fhall felonioully Heal any goods of the value Stealing, goods 
 of 40/. in any fhip, boat, or vefTel, on any navigable river, or in |^''°"\ °" '^'?' 
 any port of entry or difcharge, or from any wharf or key, or fhall 
 
 be prefent and alhfting therem ; he fhall be guilty of felony without 
 benefit of clergy. 24 G. 2. c. 45. 
 
 ^IjoemaUers* 
 
 THE ihoemakers duty in the true making of (hoes, is in- 
 ferted in the title Jleatbcr. 
 Differences between fhoemakers and their workmen, are treated 
 ©f under the title ^cv\)auts. 
 
 ^ilfeiS. 
 
 THE duties on filks and callicoes, being under the fame re- 
 gulations with the duties on printed linens, the law con- 
 cerning them is inferted under the article of limn cloth in the title 
 C)ccifc. 
 
 Concerning fervants and other workmen in the filken manufac- 
 tures, fee title ^citJantG. 
 
 i . No perfon (hall cxercife the trade of a filk thrower, unlefs Silk thrcwer. 
 fee hath ferved 7 years apprenticefhip ; on pain of 40/. a month, 
 
 F f 3 half 
 
438 ^ms. 
 
 half to the king, and half to him that fhall fue in any court of 
 record, or at the aflizet, or quarter feflions of the peace, i 3 iff 
 14. C. 2. c. \ ^. / 2. 
 Alamodcs and 2. By the 9 cjf loT^'. f. 43. No foreign filks, called alamodes 
 Juteftrings. ^j. iQ^eibiv.g^ , lliall be imported, but in the port of Lcndan, on 
 notice firft given to the commifiioners of the culloms, and licence 
 had from them. /. i. 
 
 And if they be imported elfev/here, or without fuch notice and 
 licence, and the du'ies paid, they fnall be forfeited, or the value 
 thereof, and be fold and exported again ; and the offender fo im- 
 porting, and alfo the rec.iver, and perfon offering to fell the fame, 
 fhall forfeit 500/. /. 3. 
 
 And the commiffioiiers fhall caufe them to be marked and 
 fcalcd. / 2. 
 
 And if any perfon fhall coar.terfeit the cuflom houfe feal, or 
 feal of the luteftring company; he fhall forfeit 500/. and be fet 
 in the pillory two hours. /. 5. 
 
 And any perfon who fhall buy or fell or have in his cuflody any 
 alamodes or luteftrings, fealed or marked with a counterfeit feal or 
 mark, fh^ll forfeit ti » fame and 500/. / 5. 
 
 And any perfon authorized by writ of afTiflance under the feal 
 of the exchequer, or with a coniUble or oiher publick ofiicer, 
 inhabiting near the place, with a warrant from a juflice of the 
 peace, and in the day time, may enter any houfe, fhop, cellar, 
 warehoufe, or other place, to fearch for and feize any alamodes 
 or lute(^rings imported contrary to this afl, or not fealed or 
 marked, or marked with a counterfeit mark or feal, and in cafe 
 of refinance may break open doors, cherts, trunks, and other 
 package ; and every julb'ce fhall grant fuch warrant to any credible 
 perfon, making oaih that he hath reafon to fufpefl or believe, 
 that there are (o^.q of the faid filks fo fraudulently imported, or 
 not fealed and marked, or fealed or marked with a counterfeit 
 feal or mark in the place or places where he intends to fearch. 
 
 /5 
 
 And all officers belonging to the cuftoms, fherifr?, mayor?, bai- 
 liffs, conftables, and other cfHcers, fhall be aiding in the execution 
 hereof. / 6. 
 
 (But none hut cuflomhoufe officers, or perfons deputed by the 
 Juteilring company, and having writs of alfiftance from the e;^- 
 chequer, fhall feize luteflrings or alamodes within the bills of mor- 
 tality. 5 ^n. c. 20. f 3.) 
 
 The faid penalties fliall be two thirds to the king, and one third 
 to him that fhall feize or fue in any court of record. /. 9. 
 
 mi)x^. Sec icat&er* 
 
 eian^er^ 
 
439 
 
 ^laiiDcr* 
 
 Do not find it any where clearly fettled, how far flander, or 
 fcandalous words, are cognizable before juftices of the peace, 
 by reafon of the difterent circumftances in matters of fo indeter- 
 minate a nature ; for the fame words, when fpoken of different 
 perfons, and even of the fame perfon with a diflcrent emphafis 
 and manner of delivering them, may receive a very difterent in- 
 terpretation. 
 
 In general, it feemeth that words which direflly tend to a 
 breach of the peace, as if one man challenge another, are cogni- 
 zable before juflices of the peace, for which the party may be 
 bound to the good behaviour, and even indided. 2 Sal'i. 698. 
 I Krb. 931. 
 
 But if they do not tend diredlly to a breach of the king's peace, 
 but are matters only of private flander between party and party, 
 which do no way afFeft the publick adminiflration of julliee, as 
 in cafe where the common people are wont to call one another 
 knaves, and rogues, and whores, and thieves ; I do not find 
 it afierted by any good authority, that juftices of the peace have 
 any jurifdiiftion at all in fuch matters ; but the proper remedy 
 feems to be in one of thefe two wavs, either by a profecution 
 in the fpiritual court, or by an aftion upon the cafe at common 
 law. 
 
 In the former cafe, it is provided by the ftatute of CircumfpeSte 
 agatis, 13 Ed. I. and alfo by the ftatute of the 9 Ed. 2. c. 4. 
 tliat in matters of defamation, no prohibition lliall lie to the fpiri- 
 tual court from the courts temporal : But Bp. Gib/on fays, that in 
 orJer to fscure caufes of defamation in the fpiritual court, againft 
 prohibitions, they mult have thefe two incidents; i. That they 
 concern matters merely fpiritual. 2. That they concern mere fpi- 
 ritual matter only, and not mixt with any matter determinable at 
 common law. And the profecution in this court muft be only for 
 the punidiment of fin, and the welfare of the foul; for the party 
 cannot fue there for amends or damages. Cod. 1070. 
 
 But the remedy in fuch cafe (as hath been faid) muft be by ac- 
 tion in the courts temporal, if the words will bear it : But it 
 feems very difficu't, for the reafons above mentioned, to define 
 what words are adionable, and what not. The moll general rule 
 feems to be, that words are then moft properly a(51ionable, when 
 they are fpoken of a perfon in relation to his profeffion or calling, 
 and not when fpoken at large without any fuch particular appli- 
 cation. 
 
 And by the 21 J. c, 16. Adlions upon the cafe for flanderous 
 words, fhall be brought within two years after the words fpoken, 
 and not after: and if the jury find the damages under 40/. the 
 plaintiff flull have no more coils than damages. 
 
 But if tne words fpoken are not in themfelves aftionable, and 
 damages are given to the plaintiff for a confequential lofs only, 
 there the plaintiff may liave larger cofts. And the dillinftion is 
 
 F f 4 this : 
 
440 ^latiDer. 
 
 this : The ftatate exprefsly mentions aftions o{ Jl under ; but if the 
 words are fuch, as give the party an adion in refpeft of the fpe- 
 cial damage refulting therefiom, and are not in themfelves adion- 
 able, it is not properly an adion of fiander, but a fpecial adion 
 on the cafe; and therefore is not within this ftatute. £. 12 G. 2. 
 Bafs and Hickford. Andr. 375. 
 
 M . \i G. 2. UndevMood and Parks. In an adion for words, 
 the defendant pleaded not guilty, and offered to prove the words 
 to be true, in mitigation of damages : But Lee Ch J. refufed to 
 admit the fame, laying, that at a meeting of all the judges upon 
 a cafe that arofe in the common pleas, a large majority of them 
 had determined, not to allow it for the future, but that it fliouid 
 be pleaded, whereby the plaintiff might be prepared to defend 
 himfelf, as well as to prove the fpeaking of the words. Str. 
 1200. 
 
 Finally, there is one fpecies of flander, of which the law 
 takes a more efpecial notice ; and that is, when it relates to the 
 great men of the realm : Concerning whom, it is enaded by the 
 3 Ed. I. c. 34. z R. z. f. I. f. 5. and iz R. z. c. i\. that 
 none Jhall tell or publijh any falfe ncivs or tales^ njjhereby difcord, 
 or occajton of difcord or Jlander may groiv, betnxetn the king and his 
 people^ or the great men of the realm ; and that none Jhall denjifcy 
 fpeak, or tell any falfe ne^ws or lies, of any prelates, lords, judges, 
 or other great fnen of the realm, ivhereof any difcord or fander may 
 arife ; on pain of imprifonjnent , until he hath brought into court the 
 frjl author of the tale ; and if he cannot fnd the author, he Jhall 
 be< punijhed by adnjice of the council, 
 
 Publify any falfe nenvs or tales'] Bat this extends Only to ex- 
 trajudicial flanders; for if a man charge them in due courfe of 
 law, altho' the charge be falfe, yet there will lie no adion de 
 fcarJalis mcgnatum, neither at common law, nor by thefe ftatutes. 
 ' Z hjl. 228. 
 
 Smusgler^* See (Stcifc* 
 <Snare0* See <J5amc* 
 ©naff. See Cobacco* 
 
 tg^oncuiin See 'Bnuprp* 
 
 ^Dltiiets* 
 
 FO R foldiers inlifting into foreign fervice, fee title jf Ojei'sil 
 
 The ancient military order was, when the king was to he 
 ferved with foldiers for his war, a knight or efquire of the county, 
 that had revenues, farmer?, and tenants, would covenant with the 
 king by indenture inrolkd in the exchequer, to fcrve the king for 
 
{uch a term with fo many men fpecially named in a lift, in his war, 
 I hiji. 71. 
 
 And in confequence hereof, there are many regulations by di- 
 vers ftatutes concerning the fame; which being now out of ufe, it 
 is thought fufficient jail to mention them; to wit, 
 i8 H. 6. c. 19. 
 1 H. 1. c. \. 
 
 3 H. 8. c. 5. 
 2^3 Ed. 6. c. 2. 
 
 4 b' 5 P. tff M. c. 3. 
 
 5 Ed. 6. c. 5. 
 
 But the prefent regulations concerning the foldiery (the militia 
 excepted) are chiefly contained in the yearly adls againft mutiny 
 and defertion ; the fubftance whereof is contained in the fellow- 
 ing feftions. 
 
 /. Articles of war. 
 
 II. Inlijling foldiers. 
 
 III. Mufter. 
 
 IV. Carriages. 
 
 V. Billeting. 
 
 VI 'To remove in time of ehElions. 
 
 VII Having wives or children, to be examined as 
 
 to their fettlement. 
 
 VIII Bejlroying the game. 
 
 IX. Sued for debt. 
 
 X. Guilty of crimes. 
 XI Pay. 
 
 XII. Deferting. 
 
 XIII Setting up trades after their difcharge. 
 
 XIV. Maintenance after their difcharge. 
 
 XV. Probate of their wills. 
 
 I Articles of war. 
 
 The king may form articles of war for better government of 
 the forces, and conftitute courts martial, with power to try any 
 crime by fuch articles of war. 28 (7. 2. f. 4. y! 55. 
 
 But no perfon fhall be adjudged to fufFer any punifhm-ent ex- 
 tending to life or limb, by the faid articles, except for crimes ex- 
 prefled to be fo punifliable by this ad. /. 56. 
 
 //. Inlijling 
 
442 ^ol&iei% 
 
 //. Inlifting Joldiers, 
 
 When any perfon Hiall be inlilled, he (hall in four day;, but 
 not fooner than 24 hours, be carried before the next juftice, or 
 chief magi.lrate of a town corporate (not being an cfHcer in the 
 army), and before him (hall be ac liberty to declare his dilTent to 
 fuch jnlifting ; and on fuch declaration, and returning the inlifting 
 money, and paying 20 .f. for the charges expended on him, he 
 fhall be forthwith difcharged, in prefence of fuch magiltrate : 
 But if he fhali not in 24 hours return and pay fuch money as 
 aforefaid, he fliall be deemed to be inliiled, as if he had given his 
 affent thereto before fuch magiftrate. Jf he declare that he vo- 
 luntarily inliiled himfelf, the jailice or chief magiibate Ihall forth- 
 with certify under his hand, that fuch perfon is duly inliiled, fet- 
 ting forth the place of his birth, age, and calling ;if known), 
 and that the fecond and fixth fcdions of the articles of war againft 
 mutiny and defertion were read to him, and that he has taken the 
 oath mentioned in the faid articles of war: And if any perfon fo 
 certified as duly inlifted fhall rcfufe to take the faid oath of fidelity 
 before fuch magiftrate, the officer from whom he hath received 
 fuch money, may detain and confine him till he fhall take it: And 
 every military officer that (hall aft contrary hereto, or offend here- 
 in, fliall incur the like penalty as is by this aft infiifted for making 
 a falfe muller, to be recovered as any penalties by this aft are re- 
 coverable. /. 71. 
 
 Which faid fecond and fixth feftions of the articles of war are 
 thefe : 
 
 (S E C r. IL) 
 
 Art. 1. Whatfoever officer or foldier (hall prefume to ufe trai- 
 terous or difrefpeftful words againft the facred perfon of his ma- 
 jefty, his royal highnefs the prince of Wo:ies, or any of the royal 
 family > if a commiffioned o(Rcer, he fliall be cafhiered ; if a 
 non commifiioned officer or foldier, he (hall fufFer fuch punifii- 
 ment as (hall be inflifted upon him by the fentence of a court 
 martial. 
 
 Art. 2. Any officer or foldier who fhall behave himfelf with 
 contempt or difrefpeft towards the general, or other commander 
 in chief of our forces, or fhall fpeak words tending to his hurt or 
 diihonour, (hall be puniflied according to the nature of his of- 
 fence, by the judgment of a court martial. 
 
 Art. 3. Any officer or foldier who fliall begin, excite, caufe or 
 join in any mutiny or fedition, in the troop, company, or regi- 
 ment, to which he belongs, or in any other troop or company jn 
 eur fervice, or on any party, poft, detachment, or guard, on any 
 pretence whatfoever, fhall fufFer death, or fuch other paniflinient 
 as by a court martial fhall be inflifted. 
 
 Art. 4. Any officer, non-commiffioned officer, or foldier, who 
 being prefent at any mutiny or fedition, does not ufe his utmoft 
 endeavours to fupprefs the faipe, or coming to the knowledge of 
 
 any 
 
^OlDl'erS; 443 
 
 any mutiny, or intended mutiny, does not without delay give in- 
 formation thereof to his commanding officer, Ihall be punifhed 
 by a court martial with death, or otherwife, according to the na- 
 ture of the offence. 
 
 Arc. 5. Any officer or fold ier who (liall ftrike his fuperior of- 
 ficer, or draw, or offer to draw, or fhall lift up any weapon, or 
 offer any violence againit him, being in the execution of his of- 
 fice, on any pretence whatfoever, or fliail difobcy any lawful com- 
 mand of his fuperior ofiicer, fhall fuffer death, or fuch other pu- 
 jiifhment as fhall, according to the nature of his ofFce, be inflidlcd 
 upon him by the fentence of a court martial. 
 
 (SECT. VL) 
 
 Art. 1. All officers and foldiers, who having received pay, or 
 having been duly inhfted in our fervice, fhall be convicfled of 
 •having deferted the fame, fhall fuffer death, or fuch other punifh- 
 inent as by a court martial fliail be infiicled. 
 
 Art. 2. Any non commiffioned officer or foldier, who (halJ, 
 without leave from his commanding officer, abfent himfelf from 
 his troop or company, or from any detachment with which he 
 fhall be commanded, ihall, upon being convifted thereof, be pu- 
 nifhed according to the nature of his offence, at the difcretion of 
 9. court martial. 
 
 Art. 3. No non commilTioned officer or foldier fhall inlifl him- 
 felf in any other regiment, troop, or company, in which he laft 
 fervcd, on the penalty of being reputed a deferter, and fuffering 
 accordingly. And in cafe any officer fhall knowingly receive and 
 entertain fuch non commiffioned officer or foldier, or fhall not, after 
 his being difcovered to be a deferter, immediately confine him, and 
 give notice thereof to the corps in which he laft ferved, he the 
 faid officer fo offending fliall by a court .martial be cafhiered. 
 
 Art. 4. Whatfoever officer or foldier fhall be convifted of ha- 
 ving advifed or perfuaded any other officer or foldier to defert our 
 fervice, fhail fuffer fuch punifliment as fhall be inflidted upon him 
 by the fentence of a court martial. 
 
 And the oath mentioned in the faid articles of war, is as fol- 
 lows : 
 
 I f IV ear to he true to cur fo'vr.reign lard king George, and to 
 fer've him honcjily aiid faithfully, in defence of his ferfon^ cronuH^ 
 and dignitv, ogainji all his enc7nics or oppcfers 'zvhatfoe'ver : And to 
 ohf.r-ve and obey his mfrfys o' dsrj, and tbs orders cf the generals 
 (ind oficers ftt o-ver me by his mnjefiy. 
 
 And the juftice's certificate of the whole may be this : 
 
 Weftmorland. \ DO hereby certify, that A. S. of the age of 
 
 \_ • years, born at in the county of 
 
 ■Jhocmaker, came this day brfcre me one cf his tna- 
 
 jejifs jufices of the peace for the faid county of and de 
 
 dared that on the df>y of no^M Iff pa J}, he did 'vo- 
 luntarily irJiji himftf as a private pldier to frve his faid tnnjefls 
 3 ' kin^ 
 
444- ^olDi'ers* 
 
 king George the fecond, in the regimnt of foot commandid hy 
 
 and that he noiv freely coifniteth unto the fajne : Jnd thereupon 1 do 
 hereby alfo certify, that he thefaid A, S. // duly inlijlcd as nfortjaid \ 
 and that the fecond and fixth fdions of the articles of ivar againji 
 mutiny and defertion ivere alfo before me read unto him this day, and 
 that he hath alfo at the fame time taken bfore me the oath mentioned 
 in faid articles of ivar. Givejz under my hand at • - in the 
 
 f aid county of the ■ day of- . 
 
 But if any perfon fhall receive the inliftirg money, knowing 
 it to be fuch, and lliail abfcond, or refufe to go before iuch ma- 
 giftrate, in order to declare his affent or dilTent, he fhall be deem- 
 ed to be Jirted, and may be proceeded againlt as if he had taken 
 the faid oath before fuch magiilrate. 28 G. 2, c. 4. A 72. 
 
 ///. Mujler. 
 
 Every commifTary or mufler mailer, upon any mufter to b« 
 made, fhall give convenient notice thereof to the mayor, or other 
 chief officer, of the place where the foldiers are quartered ; who 
 fhall be prelent at every fuch mufter : And every rnuller mailer 
 negledling to give fuch notice, or refufing the afliilance of fuch 
 mayor or other officer, fhall forfeit 50 /. and his office. And no 
 muller roll fhall be allowed, unlefs figned by fuch mayor or other 
 officer : But if fuch mayor or officer Ihall not attend, or refufe to 
 fign fuch muller roll, without giving fufficient reafon for fuch his 
 refufal ; then the commifTary may proceed to muller, and fuch 
 mufler roll ihall be allowed, tho' not figned as aforefaid, provided 
 that oath be made before a juftice in 48 hours after iuch mufler; 
 and the faid mufler roll fhall be then produced, and examined by 
 the faid juftice, who fhall fign the lame, if there appear to be r.o 
 fufficient objection to it. /. i 5. 
 
 And in Weftminfter and Southnjjark, no mufter fhall be made, 
 but in prefence of two juftices (not being officers of the army) ; 
 unlefs the juftices, on 48 hours notice to llx of them, refute to 
 attend. / 36. 
 
 And the commifTary or mufter mafler fhall make oath (for 
 which no fee fhall be taken) before the mayor or chief magi- 
 flrate attending the mufter, if fuch mayor or chief magiftrate be 
 a juftice of the peace, or otherwife before a juftice in the form 
 following ; \ J. B. do fwear, that I faw at the time of making 
 the within muilier, fach men or horfes as are borne, and not re- 
 fpited, on the mufter roll, for which men or horle,^ a figned cer- 
 tificate or certificates are not indorfed on the back of the roll, cer- 
 tifying their being abfent from the mufter, by reafon of being 
 employed on fome other duty of the regiment, or by being fick, 
 in prifon, or furlough, or at grais, or by a fjgned leave from the 
 colonel or field officer, or officer commanding the regment, troop, 
 or company ; 
 
 Which oath the fiid commifTary fliall infert and fubfcribe on 
 the back of the mufier roll tranfniitted by him into the office of 
 the commifTary general of the muftcrs. /. i8. 
 
 And 
 
^OlUfetS* 445 
 
 And if any perfon fhall give a falfe certificate, to excufe any 
 foldier from muller or other fervice, on pretence of being em- 
 ployed on feme other duty of the regiment, or of ficknefs, be- 
 ing in prifon, or on furlough ; he (hall forfeit 50/. and be ca- 
 ftiiered and difabled to hold any military office. And no certifi- 
 cate fhall excufe the abfence of any foldier, but for the reafons 
 abovementioned, or one of them ; and the commifTary fhall fet 
 down on the roll, at the time of taking the muller, the reafon of 
 . fuch abfence, and by whom certified ; and not to fet down any 
 fuch excufe, without view of fuch certificate. / 12. 
 
 And every officer that fhall make any falfe mufler of man or 
 horfe, and every commifl'ary, muller matter, or other officer, who 
 fhall wittingly allow or fign the mufler roll, wherein any fuch falfe 
 mufler is coiuaincd, or fnall take any reward for mullering or fign- 
 ing muller rolls, fhall be calliiered and difabled. /. 13. 
 
 And if any perfon fhall be falfly muflcred, or offer himfelf to 
 be falfely muflercd ; on proof thereof by oath of two witnefTes, 
 before the next jullice, and on certificate thereof under the hand 
 of the commifTary, or chief magiflrate as aforefaid, he fhall be 
 committed to the houfe of correftion for ten days : And if any 
 perfon fhall wittingly furnifh a horfe to be mullered, he fhall be 
 forfeited to the informer, if he fhall belong to the perfon fur- 
 nifning the fame ; otherwife the offender fhall forfeit to the in- 
 former 20 /. or. oath by two witnefTes, before the next juflice, by 
 dillrefs ; and if he fhall have no fufficient diflrefs, or fhall not pay 
 in four days after convidftion, he fhall be committed to the common 
 gaol for three months, or be publickly whipped at the difcretion 
 of the juflice ; and the informer, if a foldier, fhall be difcharged, 
 if he demandb it. f. ib. 
 
 But fiditious names, allowed by his majefly's order upon the 
 mufler rolls, for the maintenance of widows of officers who lofi 
 their lives in the late war, or during the late rebellion, fhall not 
 be conflrued a falfe mufler. / 14. 
 
 IF. Carriages. 
 
 For provifion of carriages for the forces in their march, or for 
 their arms, cloaths, and accoutrements, any jullice of the peace, 
 being duly required thereunto, by an order from his majefly, or 
 the general of his forces, or the mafler general, or lieutenant 
 general of his majefly's ordnance, (hall on fuch order being 
 brought and fhewn unto him, by the quartermafler, adjutant, or 
 other oftcer of the regiment, troop, or company ordered to 
 march, ifTue out his warrant to the conflables or petty conftables 
 of the divifion, liberty, hundred, or precind from, through, 
 near, or to which fuch forces fhall be ordered to march ; requi- 
 ring them to make fuch provifion for carriages, with able men to 
 drive the fame, as is mentioned in the faid warrant; allowing 
 them fuflicient time to do the fame, that the neighbouring parts 
 may not always bear the burden : And if fufficient carriages can- 
 not be provided within any fuch liberty, divifion, or precincl ; 
 then the next j^fiice (or jullices) of the county, riding, or divi- 
 fion; 
 
446 ^OlDlCrg. 
 
 fion, iTiall on fuch order as aforefaid fo brought or fh^wn to hinii 
 iffue his warrant to the conibbles or petty conftables of fuch next 
 county, riding, divifion, or precincl, for che purpofes aforcfaid» 
 to make up fuch deficiency. /. 42. 
 
 Which warrant may be thus : 
 
 Weftmorland. j To the conilable of 
 
 BY ^virtne of aJi order frc?n general of his majtjiys 
 forces, this day brought and Jh.ivv unto me one of 
 
 his majejiys jujlices of the peace for the fuid county, by •< 
 
 iieutenant in caftain ■ ■ "s company of his JTWijejifs regiment of 
 
 foot, commanded by ' — -you are hereby required to provide 
 
 fuficient carriages, ivith able men to dri've th? fame, njjithin tour 
 corjlabletvick, nvhereby to rcmo've the arms, cloaths, and accoutre- 
 ments of the [aid company on their march from Shap to Kirkby in 
 Kendale in the faid county j and ^doith them you are to appear at 
 Shap aforefaid to morronv prccifely at finje of the clock in the morning 
 Herein fail you not, as you 'ivill anf'wcr the contrary at your peril. 
 
 Gi'-ven under my hand and fal at in the /aid county ^ the * 
 
 day of in the year — 
 
 And the officer, who by virtue of the faid warrant, is to de- 
 mand the carriages of the conltable to whom it is direded, fliall 
 at the fame time pay down to him in hand for the uf'e of the per- 
 fons who fnall provide fuch carriages and men, the fum of i s. 
 for every mile any waggon with five horfes Ihall travel ; and i s. 
 for every mile any warn with fix oxen, or four oxen with two 
 horfes (hall travel; and <.)d. for every mile any cart with four 
 horfes (hall travel ; and fo in proportion for lefs carriages : For 
 which the conftable Ihall give a recoipr. f 42. 
 
 And fuch conilable, or petty conltable, (hall appoint fuch per- 
 fons having carriages within the r refpeftive liberties, as they 
 Ihall think proper, to provide and furnifh fuch carriages and 
 men. id. 
 
 And if any military officer (hall force any carriage to travel 
 snore than one day's journey ; or (hall not difcharge the fame in 
 xlue time for their return home ; or fhall fufter any foldier Or fer- 
 vant (except fach as are fick), or any woman, to ride on fuch 
 carriage; or fliall force any conllable, by threatnings, to pro- 
 Vide faddle horfes for themfelves or fervants ; or fliall force horfes 
 from the owners, by themfelves, fervanis, or foldiers ; he fhall 
 forfeit 9 /. proof thereof being made on oath before two jufiices, 
 who fhall certify the fame to the paymafter general, or other pay- 
 mafter of the forces, who fhall pay the fame, according to the 
 order of the faid juflices under their hands and feals, who fhall 
 deduft the fame out of the officer's pay. id. 
 
 And no waggon, wain, cart, or carriage, fhall be obliged to 
 carry above twenty hundred weight. / 46. 
 
 And if any high or petty conflable fhall wilfully negleiEl or 
 refuie to execute fuch warrants for proyiding carriages ; or if any 
 
 perfon 
 
^oltst'ers* 447 
 
 perfon appointed by fuch conftable to fiirnKh any carriage and 
 man, (hall refofe or negleft to provide the fame ; or any other 
 perfon (hall wilfully hinder the execution thereof, he lliall forfeit 
 not exceeding 40 j. nor lefs than zo s. to the poor of the parilh 
 where {uch offence (hall be committed ; the fame to be heard and 
 determined by two jullices dwelling in or near the place, who 
 ftiall caufe the penalty to be levied by diltrefs. /. 43. 
 
 And whereas the fums to be paid to the conftables by the offi- 
 cers demanding carrirges, are in many cafes not fufficient to an- 
 fwer the charge and expence of providing the fame to the great 
 burden of the townlhip, or elfe the perfons performing fuch car- 
 riages are grievoufly opprcfled ; it is cnadced, that the treafurer 
 of the county fhall without fee pay unto fuch conlbble all reafon- 
 able fums by him laid out for carriages, over and above what 
 was or ought to have been paid by the officer requiring fuch car- 
 riages, one of the publick (lock, according to fuch rates and or- 
 ders as the judices in feflions Ihall direct, which orders ihall be 
 made without fee ; regard being had to the leafon of the year, 
 and the length and condition of the ways : and if the publick 
 Hock be not fufficient, the juftices in feffions may raife money as 
 for gaols and bridges. / 44, 45. 
 
 1 hat is to fay, the fame fhall be paid out of the general county 
 rate, as diredled by the 12 G. 2. c. 29. 
 
 H. 3 G. K. againil Hu>it and others. The court granted a 
 mandamus direded to the juftices of the peace, to allow the defen- 
 dants, being conftables, the extraordinary charges in providing 
 carriages on the lace expedition into Scotland. Str, 42, 93. 
 
 F. Billeting. 
 
 By the 31 C 2. c. i. No officer, military or civil, nor any 
 other perfon whatfoever, ffiall prefume to place, quarter, or 
 billet any foldier, on any fubjefl or inhabitant of this realnn, 
 of any degree, quality, or profelfion whatfoever, without his 
 confent ; and every fuch fubject or inhabitant may refufe to 
 fojourn or quarter any foldier, notwithftanding any command, 
 order, warrant, or billeting whatever. /. 54. 
 
 But by the mutiny adt. The conftables and other chief officers 
 and niagiftrates of cities, towns, villages, and other places, and 
 in their default or abfence, any one juftice inhabiting in or near 
 fuch place, and no others, fhall and may quarter and billet thff 
 officers and foldiers in inns, livery ftables, alehoufes, viftualling 
 houfes, and all hcHjfes of perfons felling brandy, ftrong waters, 
 cyder, or metheglin, by retail, to be drank in houfes (other than 
 the houfes of dillillers and of (hopkeepers, whofe principal deal- 
 ings fhall be more in other goods than in brandy or ftrong waters, 
 and who do not permit tippling in their houfes) and no other, 
 and in no private houfes whatfoever ; nor fhil! any more billets 
 be ordered, than there are effeftive foldiers ; and if any conftable, 
 or fuch like ofiicer, or magiftrate as aforefaid, fnall prefume to 
 quarter or billet any fuch officer or foldier in any private houfe, 
 without the confent of the owner or occupier, fuch owner or 
 
 occupier 
 
448 ^olti^ers. 
 
 occupier fliall have his remedy at law againd fuch magiftrate of 
 officer for damages ; and if any military ofiicer Ihall take upon 
 him to quarter foldiers otherwire than by this aft, or (hall otFer 
 any menace or compulfion, to any mayor, conflable, or other 
 civil officer before mentioned, tending to deter and difcourage 
 any of them from doing their duty, he fhall on conviftion before 
 any two of the next jullices, by the oath of two wirnefles, be 
 i-pfo Ja8o cafhiered and difablcd to hold any military employment ; 
 provided the conviftion be affirmed at the next feffions, and a 
 certificate thereof be tranfmitted to the jadge advocate, who fliall 
 certify the fame to the next court martial. And if any perfon 
 fhall be aggrieved by having more foldiers billeted than in pro- 
 portion to his neighbours, on complaint thereof to one juftice, or 
 if the perfon fo billeting them bs a juftice, then on complaint to 
 two juftices, they may relieve h'm. / z\. 
 
 Note; the claufe above recited, relating to fhopkeepers, might 
 as well be now omitted out of the aft ; for that by the 17 ^\ 2. 
 f. 17. no fhopkeepers, as fuch, are allowed to retail any fpiri- 
 tuous liquors, but only thofe who keep taverns, viftualling houfes, 
 inns, coffee houfes, or alehoufes. 
 
 But no juftice, having any military command, fliall be con- 
 cerned in quartering foldiers under his immediate command ; but 
 all things done by him therijin Ihall be void. 28 G. 2. c. 4, 
 
 /25. 
 
 And if any conftable, or other officer, fliall negleft his duty 
 in billeting, for the fpace of two hours, provided fufficient no- 
 tice hath been given before, of the arrival of the forces ; or 
 ftiall take any reward to excufe any perfon ; or if any perfon li- 
 able fliall refufe to receive any foldiers, or to furnifli them as 
 required by this aft; and be thereof convifted, before one juftice, 
 by confeffion or oath of one witnefs, he fliall forfeit 5 /. (or any 
 fam not exceeding 5 /. nor lefs than 40 j.) by diftrefs by warrant 
 of fuch juftice, to be direfted to any other conftable, or to any 
 overfeer of the poor of the faid place. /. 68. 
 
 And if any officer fliall take any money of any perfon, for 
 excufing the quartering of foldiers, he ihdll be calhiered and in- 
 capacitated. / 28. 
 
 And if any officer, military or civil, fliall quarter any of the 
 wives, children, men, or maid fervants of officer or foldier, in 
 any houfe againft the confent of the owner ; if he is an officer of 
 the army, he fliall on proof made thereof to the commander in 
 chief of the army, or judge advocate, be ipfo facio cafliiered ; 
 and if a conftable, or other civil officer, he fliall forfeit to the 
 party grieved 20 j. on proof thereof to the next juftice, by di- 
 ftrefs. /48. 
 
 Officers and foldiers, billeted as aforefaid, fliall be received and 
 furniflied with diet and fmall beer, paying for the fame as here- 
 after is mentioned, out of their fubfiftence money. / 26. 
 
 But if any perfon fliall chi: e rather to furnilh tliem with can- 
 dles, vinegar, and fait, and \ ith either fmall beer or cyder, not 
 exceeding five pints a day, gratis, and allow them the ufe of 
 fire, and the necdlary uienLls for dreffing and eatmg their meat, 
 
 and 
 
^ClWctS* 44-9 
 
 and (hall give notice thereof to the commanding ofScer, and fhall 
 furnifh the fame accordingly ; in fach cafe, they fhall provide 
 their own viduals, and the officers {hall pay the furas out of the 
 fubfiftence money for diet and fmall beer to fach foldiers, and 
 rot to the perfons on whom they are quartered ; except on a 
 march, or recruiting, ./ 27. 
 
 In all places wher« horfe or dragoons fhall be quartered, the 
 men and their horfes fhall be billeted in one and the fame houfe 
 (except in cafe of nccefTity); and in no cafe there fhall be lefs 
 than one man billeted, where there fiiall be one or two horfes, 
 nor lefs than two men where there fhall be four horfes, and fo in 
 proportion. / 29. 
 
 Officers may remove or exchange men or horfes, with others 
 quartered in the fame town ; provided the numbers fo exchanged 
 are equal : and the conflables, or other oflicers, fliall billet tliein 
 accordingly. / 30. 
 
 Anyj'jllice by his warrant, may command any conflable or 
 other officer, to give an account in writing of the number of 
 officers and foldiers billeted by them, and alfo of the names of 
 the perfons on whom they are billeted, with the ftreet or place 
 where they dwell, and the llgn-, if any; that it may appear 
 where they are quartered, the better to prevent abufes in billeting 
 of them. / 69. 
 
 In IVeftm'niJler and Southzvcirk, the petty conflables fhall deli- 
 ver lifls on oath at every quarter feffions, of the houfes and per- 
 fons obliged to receive foldiers quartered, and the number bil- 
 leted in each houfe ; the lifts to remain with the clerk of the 
 peace, to be infpefted without fee ; and the clerk fhiall deliver 
 copies at z d. a fheet containing 1 50 words : conflables making 
 default fhall forfeit 5 /. to the poor by diftrefs, by warrant of one 
 jultice ; for want of diftrefs, to be imprifoned not more than 
 three months, nor lefs than one. / 39. 
 
 VI. To remcve in time of ele^ions. 
 
 On notice from the clerk of the crown, to the fecretary at 
 war, of any writ made out for the eleftion of a member to ferve 
 in parliament, he fhall fend orders for removing foldiers two 
 miles or more from the place of eledtion, at leaft one day before 
 the eleftion, and continue at leaft one day after the poll taken : 
 But this not to extend to IVejiminper, or other place of refidence 
 of the royal family, or fortified places, or any officer or foldier 
 having a right to vote at fuch eledlion. 8 G. z. c. 30. 
 
 VII. Having wives or children^ to he examined as to 
 their fettlement. 
 
 If any non commiffion officer or foldier fhall have wife, child, 
 or children; two juftices may fummon him, where he is quar- 
 tered, to make oath of the place of his laft legal fettlement ; who 
 fhall obey fuch fummons, and make oath accordingly : And the 
 juflices Hull give an attefted copy of fuch affidavit, to be deli- 
 
 Vo L. II. G g vcred 
 
45° S>olDiec5. 
 
 vered to the commanding ofRcer, to be produced when required. 
 And being fummoned again, he fhall not take another oath with 
 regard to his fettlement, but (hall leave a copy of the former. 
 28 G. 2. I. 4. /. 31. 
 
 Fill. Dejir Dying the game. 
 
 If any officer or foldier fhall, without leave of the lord of 
 the manor under his hand and feal, take or kill any hare, coney, 
 pheafant, partridge, pigeon, or other fowl, poultry, or fifli, or 
 his majefty's game, and be convifted thereof on oath of one wit- 
 nefs, before one juftice ; every officer fo offending fhall forfeit 5 /. 
 to the poor ; and the commanding officer upon the place, for 
 every offence committed by any foldier under his command, fhall 
 forfeit 20 J. to be paid and diftributed in manner aforefaid. And 
 if, upon convidion by the juftices, and demand thereof made by 
 the conflable or overfeers of the poor, he fhall not in two days 
 pay the faid penalties, he fliall forfeit his commifCon. /. 49. 
 
 IX. Sued for debt. 
 
 No volunteer fhall be taken out of the fervice, by any procefs, 
 other than for fome cria-inal matter, unlefs for a real debt, or 
 other juH caule of adion, and unlefs affidavit be made before 3 
 judge of the court, that the original fum due amounts to 10/, 
 a memorandum of which oath fhall be indorfed on the procefs ; 
 and if he flisll be otherwife arrefted, the judge may difcharge 
 him, and award cofls. / 66. 
 
 But the plaintiff, on notice given In writing of the caufe of 
 adion to fuch perfon, or left at his laft place of refidence before 
 lifling, may file a common appearance, in an aftion to be brought 
 for any debt, fo as to intitle him to proceed therein to judgment 
 and outlawry, and to execution, other than againft his body. 
 / 67. 
 
 X. Guilty of crimes. 
 
 The king may appoint courts martial, for trial of the offences 
 of foldiers, by the articles of war. / 55- 
 
 And every officer and foldier who fhall begin, excite, caufe, 
 or join in any mutiny or fedition, or fhall not uie his utmoft en- 
 deavours to fupprefs the fame, or fhall not give immediate notice 
 thereof to his commanding officer, or fhall defert, or lift in any 
 other regiment, or fhall be found fleeping on his poft, or fhall 
 leave it before relieved, or fhall hold correfpondence with the 
 enemy, or ftrike or ufe any violence againll his fuperior officer in 
 the execution of his office, or fhall difobey his lawful commands, 
 fliall fuffer death, or fuch otlier punifhment as a court martial fhall 
 
 luiiia. y: I. 
 
 Hut the trial of offences by a court martial, fliall not exempt 
 them from the ordinary procefs of law. / ii. 
 
 I And 
 
And if any officer or foldier (hall be accufed of any capital 
 Crime, or of any violence or offence agayift the perfon, eltate, or 
 property of any the king's fubjedls, the commanding officer ffiall 
 ufe his utmoft endeavour to deliver over fuch accufed perfon to the 
 civil magirtrate ; and (hall alfo be aiding to the officers of jul^ice, 
 in feizing and apprehending him, in order to bring him to trial ; 
 on pain, on conviftion before two juftices, by the oaths of two 
 witnefles, of being //yJ/<z^?(? cafhiered and difabled; provided the 
 convidion be affirmed at the next feffions, and a certificate thereof 
 be tranfmitted to the judge advocate, who (hall certify the fame to 
 the next court martial. / 60. 
 
 But no perfon acquitted or convifted of capital offences by the 
 civil magirtrate, (hall be puniflied for the fame by a court martial^ 
 otherwife than by cafbiering. / 59. 
 
 By the 19 G. 2. r. 21. Soldiers convi^ed of profane curfing or 
 fwearing, and not paying the penalty, (hall not be committed to 
 the houfe of correftion as other offenders, but fhall be put in the 
 flocks for one hour, for every fingle offence ; and for any number 
 of offences, of which they (hall be convided at one and the fame 
 time, two hours. 
 
 XL Pay. 
 
 The officer who fhall receive the pay or fubfiftence money, fhall 
 immediately upon receipt thereof, give publick notice to all per- 
 fons keeping inns or other places where foldiers are quartered, 
 to repair to their quarters, at fuch time as they (hall appoint for 
 diflribution thereof to the officers and foldiers, which (hall be with- 
 in four days after receipt thereof: And the faid innkeepers and 
 others (hall be firft paid, before any part of the pay be dillributed 
 to the officers or foldiers ; provided the accounts exceed not for a 
 commiffion officer of horfe under the degree of a captain, for diet 
 and fmall beer 2 j. a day ; nor for a commiifion officer of dra- 
 goons nnder the degree of a captain i s. nor for a commiffion of- 
 ficer of foot under the degree of a captain i /. and for each horfei 
 6 d. nor for one light horfman's diet and hay and ftraw for his 
 horfe I s. nor for one dragoon's diet and hay and ftraw for his 
 horfe I s. nor for one foot foldier's diet ^d. And if any cfficer 
 fhall not give fuch notice, and (hall not immediately on producing 
 fuch account pay the fame, on complaint and oath made thereof 
 by two witneffes at the next feffions, the paymaller (on certificate 
 of the jullices in fuch feffions of the fum due, and to whom the 
 fame is owing) (hall pay the fame out of the faid officer's arrears^ 
 on pain of forfeiting his office, and difability ; and if no fuch ar- 
 rears be due, the paymafter (hall deduft the fums to be paid, pur- 
 fuant to the juftices certilicate, out of the next pay of the regi- 
 ment; and fuch officer fliall for fuch his offince, or for negleding 
 to give fuch notice, be ipfo fafto cafhiered. And where it (hall 
 happen, that the fubfiftence money due to any officer or foldier^ 
 (liall by any accident not be paid, or fuch ofHcer or foldier (liall 
 negled to pay the fame ; or where any forces (ball be upon their 
 inarch, fo that no fubfiftence can be remitted to them, or they 
 G g 2 feail 
 
452 ^oiatcts. 
 
 {hall ncgle^ to pay the fame ; every fuch officer fhall, before hh 
 departure out of his quarters, mnke up the accounts with every 
 pcrfon with whom fuch foldiers (liall have quartered, ^nd fign a 
 certificate thereof, and give the fame to the party to whom fuch 
 money is due, with the narr.e of the regiment, troop, or compmy 
 to which he fliail belong, that the fame may be tranfmitted to the 
 payraafter, who fhall immediately pay the lame, under pain as is 
 before direded for non payment of quarters. / 35. 
 
 XIL Deferting, 
 
 The confliable may take up any perfon reafonably fufpecled to 
 be a deferter, and carry him before a (uflice in or r>ear the place, 
 who fliall examine fuch fulpciSled perlon ; and if by his confeflion, 
 or the oath of one witnels, or the knowledge of fuch juilice, he 
 (hall be found to be a deferter, the juftice fhall forthwith caufe 
 him to be conveyed to the county gaol, or houfe of correftion 
 (or the Sa'voy in London) and tranfmit an account thereof to the 
 fecretary at war ; and the keeper of fuch gaol or houfe of 
 correftion fhall receive the fubfiilence of fuch deferter, for his 
 maintenance while he fhall be in cuflody, but fhall not be in- 
 titled to any fee for his imprifonment. f. 51. 
 
 But no ofhcer may break open any houfe to fearch for de- 
 ferters, without a juftice's warrant; on pain of 20/. / 54. 
 
 And the juftice, before whom he is brought, fhall ifi'ue his 
 warrant to the colledlor of the land tax, of the parifli or townfhrp 
 where fuch deferter fhall be apprehended, for paying out of the 
 land tax money by him collefted or to be collected, to the hands 
 of him who fhall apprehend, or caufe to be apprehended, fuch 
 deferter, the (urn of 20 s. the fame to be allowed on his account. 
 
 And if any perfon fhall knowingly harbour or afTirt: any defer- 
 ter, be fhall forfeit 5 /. and if any perfon fliall knowingly buy or 
 exchange or otberwife receive any arm?, cloaths, or furniture, 
 belonging to the king, from any foldier or deferter, or change the 
 colour thereof, he fhall forfeit ^5 /. and on convi<ftion by the oath 
 of one witnefs, before one juiiice, the faid penalties fhall be levied 
 by diftrefs; half the firit penally to be to the informer, by whofe 
 means fuch deferter ihall be apprehended ; and half the laft pe- 
 nalty, to the informer; and half of both, to the ofi^cer to whom 
 the deferter did belong : and if fuch perfon have not fuff.citnc, or 
 fhall not pay the penalty in four days, the jullice fhall commit him 
 to gaol for three month?, or caufe him to be publickly whipped. 
 
 And by the \ G. ft. 2. c. 47. If any perfon (other than inlifled 
 foldiers againft whom fufRcicnt remedy is already provided) fhall 
 perfuade any foldier to deferf, he fhall on convicftion in fix months 
 forfeit 40 A to the king, or to any other who fhall fue for the 
 fame in any court at Wfjiminjlcr ; and if he fhall not have goods 
 worth 4c /, or from tiifc circumflances of the crime it fhall be 
 thought proper, the court niay award the offender to prifon not 
 cxcscding fix months, and to Irand in the pillorv ore hour. 
 
 - XIIL Setting 
 
^oiO(er5. 453 
 
 XIII. Setting up trades after their difcharge. 
 
 All officers, mariners, and fcldiers who have been employed in 
 his majelly's fervice, and not deferted, may fet up and cxercife 
 fiich trades as tliey are apt for, in any town or place within Great 
 Jiritaiit or Ireland ; and if they fiiall be fued thereupon, they Ihall 
 have double cods, zz G. z. c. 44. 
 
 XIV. Maintenance after their difcharge. 
 
 By the 43 El. c 3. Every parifli {hall be charged with a weekly 
 fum, towards the relief of fick, hurt, and maimed foldiers and 
 mariners, as the juftices in feiTions fhall appoint; fo as na parifh 
 Idc raced above lad. nor under. 2 i/. weekly; and fo as the total 
 fum in any county where there Ihall be above 50 parilhes, do not 
 exceed 6 d. for every parifh. 
 
 But as this is left to the difcretion of the juftices, this is not 
 tifualiy done ; but they are left to be provided for by the particu- 
 lar parilbes whereunto they do belong, or to the provifions of thp 
 royal holpitals of Grct7iwich or Chelfea refpeftively. 
 
 With regard to the out-penfioners of Chelfea hofpital, it is re- 
 quired by the ftatute of the 28 G. 2. c. i. that the jultices of the 
 peace fliall take affidavits of their being alive (or of the time of 
 their deaths refpedtively) half yearly, without fee. /. 2. 
 
 XV. Probate of their wilis. 
 
 The probate of the will, or letters of adminiftration of any 
 common foldier or feaman, who ffiall be flain or die in the fervice, 
 fhall be exempted from the ftamp duties, a certificate being pro- 
 duced from the captain under whom he ferved at the time of his 
 death, and oath made of the truth thereof, before the proper 
 judge or officer, for which oath no fee (hall be taken. 5 H^. 
 c. 2 1 . /. 6. 
 
 Note, there is an aft of the 28 G. 2. c. i\. for one year, of 
 fomewhat the like import with the annual adts againft mutiny and 
 defertion, for the regulation of the marine forces whilft on fliore 
 under the direction ot the admiralty. 
 
 8)oap> See CtciCe* 
 
 Spirituous {IQUC?&\ See €tciTe» 
 
 ^qtiibes» See ifife\iiD?Ji6« 
 
 •^tai^biuo;* See rpomicioe* 
 
 G g 3 Stamps. 
 
454 
 
 stamps* 
 
 pututci* I . T"^ H E Ilatutes relating to ihefe duties are 
 
 J 5 IV. c.zi. lo Jn. c. 26. 
 
 6^ y W. c. 12. 12 j4n. Ji. \. c. 2. 
 
 9^10^^. c. 25. 12 Jn. Ji. 2. c. g. 
 
 g is" 10 IF. c, 44. 5 G. f. 19. 
 
 I y^;/, JI. 2. r. 22. 6 G. c. z\. 
 
 8 ^/7. r. 9. II G. f. 8. 
 
 9 y/«. f. 23. 16 G. 2. f. 26. 
 
 10 y^«. f. 19. 
 
 Power of the 2. In one of which ftatutes ('viz. \o An. c. igj there is a 
 
 ^"S-'d [fe^^"^ ^'^^^^ ^^^^^^ ^""^s all the rell within the jurifdiftion of the jufti- 
 ^0 Cy uties. ^g^ qJ- ^j^g peace, and alnrioft the whole law relating to this title; 
 and is as follows : 
 
 Two juftices of the peace refiding near the place, where any 
 pecuniary forfeitures not exceeding twenty pounds on any a£l 
 touching any the duties under the management of the commifTion- 
 ers of the duties on ftamped vellum, parchment, and paper, fhall 
 be incurred, or any offence againft any of the fame afts fhall be 
 committed in any wife relating to the fame duties, by which any 
 fum of money only may be forfeited, may hear and determine 
 the fame ; who fhall on information or complaint, within a year 
 after feizure made or offence committed, fummon the party accu- 
 fed, and witneffes ; and may iffue warrants for levying the penal- 
 ties by dilbefs and fale, if not redeemed in fix days. \o An. 
 c.iq.f.i-jz. 
 
 And the faid juftices where they fee caufe, may mitigate the 
 penalties ; the charges being firft allowed : and fo as they reduce 
 not the penalty to lefs than double duty, over and above the faid 
 chftrges. /^ 173. 
 
 And no certiorari fhall fuperfede the proceedings of the faid 
 juftices. J. 174. 
 
 And it is generally provided by the feveral afls, that the faid 
 
 forfeitures fhall be diliributed, half to the king, and half to him 
 
 that flial! fue. 
 
 St-mps to be fe- 3. Before we come to obferve what thefe duties are, it is 
 
 ■yeral and d> proper to premife alfo another claufe, in the aft of the 9 ^ 
 
 • 10 IF. c. 25. to wit, that fince the duties on the fevcral flamp 
 
 a£is are appropriated to different purpoles, therefore to dillin- 
 
 guifh fuch paper or parchmert which is doubly charged from 
 
 that v^hich is nngly charged, there fhall be two diftinft flamp. 
 
 on the doubly charged. Ana fb likewife by the fabfequent 
 
 ftatutes, where .he paper is trebly charged, there fhall be thrcj 
 
 diftind ftan.ps and not one ftamp for the whole. So that in thi> 
 
 cafe, a double fw penny ftairp, and a twelve penny ftamp, are 
 
 not the fame. 
 
 ^. The 
 
^tampjg. 455 
 
 4. The faid duties, when brought together from the feveral acis, The fsveral 
 fcem to be as followeth ; ^""P <^'»''««' 
 
 (i) For every fkin and piece of vellum or By By By 
 parchment, or flieet of paper, on which fhall 5 ^^. 9 {3* iz A. 
 be written any grant, or letters patents under r. 21. lo^'. Jl. 2. 
 the great feal, or the feal of the dutchy of c. 25. r. 9. 
 Lancajier, or of any honour, dignity, promo- 
 tion, franchife, liberty or privilege, or ex- 
 emplifications of the fame (commiflions of 
 rebellion in procefs, and charity briefs ex- 
 cepted) fhall be paid 40;. 40 j. 40/, 
 
 (2) Grant from the king of any fum above 
 100/. which fhall pafs the great feal, or 
 
 privy feal ' 40;. 40/. 40 ;. 
 
 (3) Grant of any office above 50/. a 
 
 year 40 i. 40 f. 40 j. 
 
 (4) Pardon of any crime or forfijitare, 
 warrant of reprieve or relaxation from any 
 fine, corporal punifhment, or other forfeiture 
 (general circuit or Nttvgate pardon excep- 
 ted) ' ~ 40/. 40/. 40/. 
 
 (5) Difpenfation to hold two livings, or any 
 difpcnfation or faculty from the archbifhop of 
 
 Canterbury, or mafter of the faculties 40/. 40/. 40 jj 
 
 (6) Admittance of a fellow of the college 
 of phyficians, or of any attorney, clerk, ad- 
 vocate, proclor, notary, or other officer in 
 any court whatfoever (except annual officers 
 in corporations or inferior courts, whofe office 
 is under 10/. a year, in falaries, fees, or 
 
 other perquifites) ■ 40/. 40/. 40 x. 
 
 {7) Appeal from the court of admiralty, 
 arches, or the prerogative courts ■ 40/. 40 f. 40/. 
 
 (8) Grant of lands in fee, leafe for years, 
 or other grant or profit (not herein particu- 
 larly charged) under the great feal, or privy 
 feal, or feal of the exchequer or dutchy of 
 Lancajler —^— . 40 /. 40 /. 
 
 (9) Prefentation or donation under the 
 great feal, collation, or any prefentation or 
 donation by any patron to any fpiritual pro- 
 motion of 10/. a year in the king's books — 40/. 40 /. 
 
 (10) Letters patents for charity briefs — <— 40J. 
 
 (11) General circuit or Neivgate pardon — 40 j. 
 
 (12) Regiller, entry, telHmonial, certifi- 
 cate of a degree in the univerficies or inns of 
 court (except the regifter or entry of a ba- 
 chelor of arts) . ■ — -^— — j^os. 
 
 (13) Inftitution, or licence, that fhall pafs 
 the feal of any bifhop, chancellor, or other 
 ordinary, or any ecclefiailical court (except 
 
 licences to fchoolnulters and tutors) ■ ■■ ■ ■ 5 j. 5 r. <; /. 
 G g 4 (.14] Letters 
 
45 6 Mamps* 
 
 (14) Letters of mart 
 
 or. 
 
 q^ 
 
 \zJ. 
 
 c. 21. 
 
 \qF/. 
 
 fi.z. 
 
 
 f.25- 
 
 f. 9. 
 
 5i. 
 
 5^- 
 
 5'- 
 
 5^- 
 
 5^- 
 
 
 5^- 
 
 5'- 
 
 
 Ss. 
 
 5'- 
 
 
 S'- 
 
 S'- 
 
 
 (15) Exemplilication that fball pafs the. 
 
 ieal of any court -^ « 
 
 " (16) Licence to fchoolmafters gYid tutors — 
 
 (17) Writ of error, ceriiorariy or appeal 
 (except to the delegates) — ; 
 
 (18) Signijicanjit pro corporis ddiberationc — 
 
 (19) Sentence in the admiral's court, or 
 cinque ports, or any attachment out of the 
 
 faid courts, or relaxation of the attachment — • 5 /, 5 /. 
 
 (20) Probate of a will, or letters of ad- 
 miniftration for any eftate above 20 /. value 
 (except of common feamcn or foldiers (lain 
 
 or dead in the fervice) -■- ■■ 5 j, 5 j. 
 
 (21) Recognizance, ftatute ftaple, or fla- 
 
 tute merchant ■ 55. 5 x. 
 
 (22) Conveyance, furrender of grants or 
 offices, releafe, or other deed inrolled of re- 
 cord in any court it Wcfiminflfr, or any court 
 of record, or by any cupos rotulormn, or clerk 
 
 gf the peace • 5 /. 5 i. 
 
 (23) Writ of covenant for levying of 
 fines 5 s. 
 
 {24) Writ of entry for fufFering a common 
 recovery • • ■ 5 /, 
 
 (25) Licence for, or certificate of marriage 
 (except the certificate of the marriage of a 
 feaman's widow) 5 s, 
 
 (26) Writ of habeas corpus 5 s, 
 
 (27) Beneficial warrant or order under the 
 king's fign manual (except for the navy, army, 
 
 and ordnance) ■ ■ ' zs.Sd. 2s.6d. zs.SJ, 
 
 (28) Record 0^ Nijt Prius or Pojha Zi.6d. 2s.6d. 
 
 (29) Judgment figned by the mafter of 
 any office, or his deputy or fecondary, or by 
 any prothonotary, or his fecondary, deputy, 
 or clerk, or other officer in the courts at 
 WeJItfiirJier 2s. 6d. 2s.6ci. 
 
 (30) Commiffion iiTuing out of an eccle- 
 fiaftical court, not otherwife particularly 
 
 charged ■ ■ — — • 2s.6d. zs.Sd. 
 
 (31) Warrant, monition, or perfonal de- 
 cree in any court of admiralty or the cinque 
 
 ports 2s.6d. zs.Gd. 
 
 (32) Transfer of fiock in any company 
 (over and above the duty of 2 /. 3 d. by the 
 
 \o An. c. 19. and other duties) -^ • 4/. 63*. 
 
 (33) Special bail in any court, and ap- 
 pearance thereon ■'• " • is. \ s. 
 
 (34) Bill, 
 
stamps* 457 
 
 SW. gtff 12 J. 
 
 (34) Bill, anfwer, replication, rejoinder, c. 21. loff.Jl.z. 
 interrogatories, depofitions taken by com m if- r. 25. e.g. 
 fion, or pleadings in any court of equity is. is. 
 
 (35) Admiffion into any corporation or 
 company, matriculation in the univerfities, 
 admilTion into the inns of court ' ■ i ;. t s. 
 
 (36) Indenture (except for parifh appren- 
 tices) leafe, or deed poll, not otherwife char- 
 ged ; 
 
 Charter party, policy of afllirance, pafT- 
 port, bond, releafe, contrad, or other obli- 
 gatory inftrument, proteft, procuration, let- 
 ter of attorney, or any other notarial ad 6 d. 
 
 Indenture (except for parifh apprentices) 
 leafe or deed poll, not othervvife charged ; 
 
 Charter party, policy of afTurance, pafT- 
 port, bond, releafe, contraft, or other ob- 
 ligatory inllrument, proteft, procuration, let- 
 ter of attorney, or any other notarial ad — 6d. 
 
 Indenture, leafe, bond, or any deed not 
 otherwife charged (except bail bonds and af- 
 fignments thereof, and except indentures of 
 parilli apprentices) - 6d. 
 
 Note ; The above treble fix penny inftru- 
 ments, being exprefled with fome confufion, 
 becaufe the fame words which are in the 5 fF. 
 and 9 dff \o l^K are not repeated in the 1 2 An. 
 it is thought neceffary to infert them as they 
 ftand in the feveral ads. 
 
 (Moreover, by the lo Jn. c. 26. for a 
 policy of afTurance, if it be within the bills 
 of mortality, there fhall be further paid 
 2 J. 4(^.) 
 
 (37) Decree or difmiflion in chancel-y, or 
 
 other court of equity ■ 6 d. 6d. 
 
 (38) Affidavit (except for burying in wool- 
 len, and except before officers of the cuftoms, 
 orjuflices of the peace, and commiffioners for 
 
 levying any aids or duties) ' 6d. 6 J. 
 
 (39) Copy of fuch affidavit to be read or 
 
 filed in any court ~— — ■ 6d. 6d. 
 
 (40) Original writ (except on which a ca- 
 pias iiiues) fubpaena, bill of MidMefex, lati- 
 tat, writ of capias, quo minus, dedimus po- 
 teftatem, to take anfwers, examine witnefTes, 
 or appoint guardians, and any other writ, 
 proceis, or mandate iffuing out of any court 
 holding plea, where the debt or damage 
 amounts to 40 s. (except writs of covenant 
 for levying of fines, writs of entry for com- 
 mon recoveries, and writs of habeas corpus) 6d, 6d. 
 
 (41) Entry 
 
458 stamps; 
 
 (41) Entry of an aflion in the courts ox ^ W. 9 y 12 A. 
 corporations, and other courts, out of which c. 2\. \oW. J\. z. 
 no writ, procefs, or mandate ifiues, holding r. 25. f. 9. 
 plea, where the debt or damage amounts to 
 
 40 J. d d. 6d. 
 
 (42) Common bail in any court, and ap- 
 pearance thereon ■ dd. td. 
 
 (43) Rule or order in any court at Wcji- 
 
 mhijitr • ■ hd. 6d. 
 
 (44) Copy of fuch rule or order, or of 
 any other record or proceedings in the faid 
 
 courts, not othervvife charged ■ ■ ■ ■ 6d. 6d. 
 
 (45) Citation or monition in an ecclefiafti- 
 cal court, libel, allegation, depofition, an- 
 fwer, fentence, or final decree, inventory, 
 
 or any copies of them 6d. 6 </. 
 
 (46) Indenture of parifh apprentices — 6d. 
 
 (47) Declaration, plea, replication, re- 
 joinder, demurrer, or other pleadings in any 
 
 court of law ■ ■ • id. \ d. 
 
 (48) Copy thereof \d. \d. 
 
 (49) Depofitions in chancery, or other 
 court of equity (except the paper draughts of 
 depofitions taken by commiluons before they 
 are ingrolTed) not before charged ; copy of 
 any bill, anfwer, plea, demurrer, replication, 
 rejoinder, interrogatories, depofitions, or 
 
 Other proceedings in any court of equity — id. id. 
 
 (50) Copy of a will - ■ ■ id. id. 
 
 (Furthermore, befides the duties impofed 
 
 by the three a£ls abovementioned, there are 
 other duties by feveral other adls, as fol- 
 lows :) 
 
 (51) For every certificate or debenture for any drawback of 
 cuftoms, % d. by 9 An. r. 23. 
 
 (52) Bill of lading figned for goods to be exported, j^d. by 
 9 Jn. c. 23. 
 
 (53) Wine licence, 4J. by 9 A?i. c. 23. 
 
 (54) Licence for retailing beer, ale, or other excifablc liquors, 
 is. by 9 >^. c. 23. 
 
 (55) Surrender of, or admittance to a copyhold, or any grant 
 or leafe by copy of court roll, or any other copy of the court 
 roll of ai)y honour or manor (except the original lurreuder to tlie 
 ufe of a wiil, ami the court roll or book wherein the proceedings 
 of the court are entred), zs. 3 </. by 10 j^n. c. 19. 
 
 But this (hall not charge any copy of a furrender or admittan-e 
 to a cuft®m right or tenant right cftate, not being copyhcld. 
 12 An. J}. I. c. 2. f. 49. 
 
 (56) By the 8 Jn. c. 9. Over and above the flamp duties upon 
 the indenture, there fhall be paid by the mafter, 6 d. for every 
 20 J. of every fum of ijo/. or under; and the duty of i s. for 
 every 20;. of every fum above 50/. which Ihall be given or 
 
 Co-il- 
 
stamps* 459 
 
 contrafled for, In relation to any clerk, apprentice, or fervant 
 (except paridi apprentices), and proportionably for greater or lefier 
 fums. 
 
 Ci But none of thefe afts (hall charge any bills of exchange, Wtitinpsexemt*- 
 accounts, bills of parcels, bills of fees, or any bills or notes (not ^^'^ ^'"^'^'^ ***'!'?«• 
 fealed) for payment of money at fight, or on demand, OT at the 
 end of certain days of payment. 5 f ^. c, 21. /. 5. 
 
 Nor any warrant made by, or recognizance taken before ja- 
 ftices of the peace. 6 iff j W. c. i 2. J. 2. 
 
 Nor any warrants or inftruments figned by the chief juftices in 
 eyre, or by any warden, lieutenant, or other officer of the king's 
 forefts or chafes. 10 J». c 26-/74. 
 
 Nor any proceedings ot a court martial, which relate to the 
 trial of any common foldier. 6 dsr' 7 A/'', c. \2. f. 2. 
 
 Nor any orders, decrees, or proceedings before comminjoners 
 of the fewers. 6 ^ 7 A/^. r. 1 3. /. 2. 
 
 Nor in the court of llannaries. id. 
 
 Likewife perfons admitted to fue or defend in forma pauperis 
 (hall not be liable to the llamp duties. 1^ W. c. 21. f. 14. 
 
 6. For the management oi the ftamp duties, the king may ap- Officers for th» 
 point commiflioners ; who fliall fabttitute inferior officero. 5 h''. ftamp duties. 
 
 c. 21. / 7. 9 <^ 10 IF. c. 25. /: 48. 
 
 And with regard to the duties on the feveral afls before the 
 8 Jn. the faid officers, before they fhall aft, fhall take an oath 
 for the due execution of their otlice, before one or more of the 
 commiffioners ; and by the faid aft of the 8 Jf?. and the fubfe- 
 quent afts, they mny take the faid oath, with reiped to the duties 
 on thofe ads, before one or more of the commiffioners, or a ju- 
 ftjce of the peace. 
 
 7. The commiffionerG of the treafury fliall once a year at leall I'lice of the 
 fct the prices of fiamped parchment and paper ; and the conimif- F^r" to be 
 fioners of the llamp duties fhall (befides tne ftamps abovemen- ft''i"P'>i« 
 tioned) ftamp the (aid price upon every piece of parchment and 
 
 paper. 6 & " W. c. 12. / 9. 
 
 8. By the feveral adls, the commiffioners (hall make an allow- Allowancf on 
 ance for prompt payment, to perfons who (hall bring parchment or Prompt pay- 
 paper to be (lumped, or buy the("ame of them foltamped, the duty '"^"^' 
 whereof flial! amount to 10/. or upwards, at any one time. 
 
 9. If any perfon (hall write on any paper or parchment, before Penalty for wii. 
 it be duly (lamped as by the <; W. he fhall forfeit 5/. (And by ting before 
 
 the 9 y 10 l-^\ 5/. more.) And an officer o(Fendij-ig, fli:,Il over '^^"^r^*^* 
 and above forfeit his office. And an attorney offending (hall be 
 di(abled to praCtife. 5 A-/^. f. 2 i. / 1 1. 
 
 And if any iiillniment (hall be written by any perfon (not being 
 a known clerk or officer in refpedl of his office intitled to write 
 the fame) on paper or parchment not duly ftampcd, there (hall be 
 paid over and above the duty the fum of 5/. (and by the 10 ^ 
 II W. 5/. more); and the inilrume t (hall not be given in evi- 
 dence in any court, until both the duty and the faid fum (hall be 
 paid, and a receipt produced for the fame, under the hand of 
 fome officer appointed to receive the duties, and until the fame 
 fliall be ftamped. ^ W. c. z\. /. ii. 
 
 An4 
 
4^0 Stamps* 
 
 And by the 9 Jk. f. 23. li any officer of the cuftoras (hall fign 
 atiy debenture not ftamped, or if atiy other perfon fhall ivrite any 
 debenture, bill of lading, or licence by that aft charged with the 
 ftamp duties, or fign fuch bill of kdirg ; he Ihull forfeit 10/. 
 v/ith colls : and an officer of the cuftoms oftcnding fhall moreovtv 
 forfeit his office. And there (hall be paid for the fame, over and 
 above the dutiej, 5 / to the king ; and the inftrument fhall not be 
 available till that be done. 
 
 And by the 10 /In. c. 19. If any the matters required to be 
 ftamped by that aft, fhall be ingrofled on paper not (kmivcd, there 
 fhall be paid for the fame (over and above the duties) 5/. in like 
 manner. 
 
 M. 13 G. K. and Reeks. Upon a trial at bar, on an informa- 
 tion in nature cf a quo "joarranto for the office of burgefo of Ch>ifi 
 Churchy the aumiffion of the defendant was produced, and it ap- 
 peared to be a parchment that had only one (lamp, and yet had 
 five adinilTions entred upon it. And in order to make it good, 
 they had annexed four other parchments, each of which was 
 (lamped. And the court held, that would not make it good ; 
 and that the proper v/ay would have been, to have paid the four 
 penalties, and to have had four new flaaips on the firll parchment. 
 And for want of this there was a verdict awainft this and the other 
 four defendants. Sir. j 16. 
 p. , _ 10. And to prevent frauds, if any clerk or other officer fhall 
 
 trine inftruments ncgled to enter Or file any aftion, plaint, bail, appearance, ad- 
 charged with the miffion, or other thing in refpecl whereof any duty is payable, 
 fcjinp duties. for four months; or (hall not file the fame before any fubfequent 
 proceeding (hall be entred ; or fhall file any fuch fubfequent pro- 
 ceeding before the other fhall have been filed as afbrefaid ; he (hall 
 forfeit 20/. Except where judgment is entred by confeffion. 
 1 Jfl. Jl. 2. c. zz. f. t. 
 Writin" to be ' •• ■^"'^ '^^ writing fhall be either upon, or as near as conve- 
 
 near the ftamp. nlently may be to the (tamp; on pain of 10/. with full colls. 
 
 I All. ft. 2. c. zz. f. 5. 
 The fams (^amp 12. If any perfon (hall write any thing, in refpefl whereof the 
 Bot to leiTc flamp duties are payable, on any piece of paper or parchment, 
 twice. whereon there (hall have been before any writing in refpeit where- 
 
 of any duty was payable, before the fame hath been again llam- 
 * ped ; or (hall erafe or fcrape out any name, fum, date, or other 
 
 thing, or fraudulently take off any llanip, with intent to ufe it in 
 any other thing in refpeft whereof any duty is payable; he ffiall 
 forfeit in like manner as for writing on paper undamped, and alio 
 20/. with full colls. I A71. ft. 2. c. zz. f. 2, 3. 
 J, , rj^ 13- By the feveral ads, if any perlbn iliall counterfeit the 
 
 the llamps. (lamps. Or caufe or procure them to be counterfeited, or knowing- 
 
 ly fell any paper with fuch counterfeit (lamp ; he iliall be guilty of 
 felony without benefit of clergy. 
 
 e , 14. For every (heet almanack, for one year or lefs, printed on 
 
 Stamp duty on 'T , , a ,, , ■, > l i_ . 
 
 jjJaianacks. one "de only, (hall be paid i ^. by the 9 .^k. c. 23. 
 
 For every otjier almanack for c-.ie year, 2 </. />'. 
 
 And if for more th^n one year, then 2 i. a year. /V. 
 
 But 
 
stamps. 4^1 
 
 But this fhall not charge any almanack for more than if it were 
 made for three years only. 9 An. c. 23. f. 53. 
 
 And all books and pamphlets, ferving ch;eP.y to the purpofe of 
 an almanack, fhall be charged as almanacks- \o An. c. 19. 
 
 ./• 175- 
 
 But where an almanack contains more than one (heet, one fhee£ 
 only need to be ftamped. 9 An. c. z^. /. 26. 
 
 And if any perfon (hall expofe to fale any almanack unftamped, 
 he fhall forfeit 10/. with coils. 9 An. c. 23. / 27. 
 
 15. For every journal, mercury, or other publick news pa- Duty on new* 
 per, fhall be paid id. a fheet, and \_d. for every half fheet. papers and pam- 
 1 1 G. c. 8. Ph'^^s- 
 
 For every pamphlet contained in half a fheet of paper, i^d. 
 10 An. c. 19. / lOl. 
 
 Pamphlet larger than half a fheet, not exceeding a whole fheet, 
 for every printed copy thereof, i d. id. 
 
 Pamphlet above one fheet, and not exceeding 6 fheets in oElnnjo 
 or a lelfer page, or not exceeding 1 2 fneets in quarto, or 20 fheets 
 in folio, for every fheet which fhall be contained in one printed 
 copy thereof, 2 s. id. 
 
 But news papers printed on a fheet and an half of paper, fliall 
 not pay as pamphlets only 3 s. for each imprefTion. 1 1 G. c. 8. 
 A 13. 
 
 (But nothing herein fhall charge any a6l of parliament, procla- 
 mation, order of council, form of prayer, or other ad; of ftate, 
 printed votes, fchool books, books of devotion, daily accounts of 
 imports and exports, nor weekly bills of mortality. 10 An. c. ig. 
 f. 102.) 
 
 And if any perfon fhall write, print, or expofe to fale any fuch 
 pamphlet or news paper {the iaid pamphlet exceeding one fheet 
 only excepted) before the paper fhall be flamped; he fhall forfeit 
 10/. with full cofis. \o A?i. c. 19./. 105. 
 
 And a printed copy o^ every pamphlet containing more than 
 one fheet, fhall (within the bills of mortaliry) in 6 days after 
 printing be brought to the head ofSce, and the title, number of 
 fheets, and duty fl-iall be eiitred in a book, and the duty there- 
 upon paid to the receiver general, who fhall give a receipt for 
 the fame on fuch printed copy, or the fame fhall be ilamped to 
 denote the payment : VVithout the bills, it fhall he brought in 14. 
 days to fome head colledtor of the ftamp duties, who fliall enter 
 the title, number of flieets, and duty, which duty fhail be there- 
 upon paid to the colledor, who fliall give a receipt for the fame 
 on fuch printed copy. 10 An. r. 19. / 1 1 1 . 
 
 And if any iuch pamphlet containing more than one fheet, fhall 
 be printed or publifhed, and the duty not paid, and title rcgiflred, 
 and one copy flamped v.'here required fo to be, within the times 
 above limited ; the author, printer, and pifbliflier, and all other 
 perfons concerned, fliall lofe all property therein, and in t\tiy 
 copy thereof, and fhall alfo forfeit 20/. with full colb. id. 112. 
 
 And no perfon faall expofe to fale any fuch pamphlet, without 
 
 the name and place of abode of foms known perfon, by or for 
 
 3 whom 
 
4^2 ^tampts* 
 
 whom it was printed or publiflied, written or printed thereonj 
 on pain of 20/. iJ. f. w^. 
 
 And pamphlets unfold (hall be cancelled by the commiiTioners, 
 and the like number of other fhects llamped gratis fliall be changed 
 for them. id. / 1 14. 
 
 And two juflices may hear and determine offences in relation to 
 pamphlets or news papers on this ad, in like manner as above is 
 mentioned j and mitigate the penalty, io as they do not reduce it 
 lower than one fourth part, over and above the cofts ; and where 
 goods of the offender cannot be found, may commit him to pri- 
 lon till paid. f. 120. 
 
 And by the 16 G. 2. c. 26. If any perfon fhall fell, or expofe 
 to fale, any news paper, or any book, pamphlet, or paper, deem- 
 ed to be a news paper, undamped ; any jullice of the peace may 
 commit him (being convided before him, by coiifcffion, or oath 
 of one witnefs) to the houfe of corredion for any time not ex- 
 ceeding 3 months : And any perfon may apprehend and carry him 
 before luch juftice : And on producing a certificate of fuch convic- 
 tion» under the hand of fuch jullice (which he ihal! give without 
 fee), he fliall have a reward of los. to be paid by the receiver 
 general of the ftamp duties, f. q. 
 thjty on adver- 1 6. For every advertifement in the gazette, or other printed 
 tifementsin paper, publifhed weekly or oftner, fliall be paid 1 3. 10 Jn. 
 B«ws papers. ^ 19. / lOI. 
 
 And the faid duty on advertifements fliall be paid, within 30 
 days after the printing or publication, to the receiver general or 
 his deputy, within the bills ; and elfewhere to the next adjacent 
 head officer : on pain of treble duty with full colb. / 1 18. 
 
 But this fliall not extend to any fmgle advertifement printed by 
 it felf. f. 102. 
 Duty on cards 1 7. Laft of all, it is thought proper to infert here the regula- 
 
 anddice. i\ons concerning the duties on cards and dice; they being likewife 
 
 under the management of the conimiffioners of the Itamp duties ; 
 and not of fmall confideration, fince a man may be guilty of of- 
 fences with refped thereunto, for which he fhall lofe his life. 
 
 (i) By the 10 ^V«. c. 19. No playing cards or dice fliall be im- 
 ported. /. 167. 
 
 (2) For every pack of cards made in Great Britain, fliall be 
 paid 6d. 9 Jn. r. 23. 
 
 And for every pair of dice 5 j. iJ. 
 
 (3) And all pieces of ivory, bone, or other matter, made or 
 ufed for any game or play, with any fpots or other marks there- 
 on, to denote any chance, fhall be deemed dice. 10 Jn. c. 19. 
 
 / 168. 
 
 (4) All makers of cards or dice, before they begin to make 
 them, fliall give notice in writing of the houfe or place where they 
 intend to make them, to the coinmilTioners of the ilamp duties, or 
 their ofHcer next adjacent, on pain of 50/. 9 --?'«. c. 23. f. 41. 
 And alfo ail the cards, dice, materials, and uienflls fliall be for- 
 feited. 10 Jn. r. 19. / 166. 
 
 (5) And the officeis may enter any houfe or place, where cards 
 ©r dice are made, Ibid, or expofed to fale, or fufpcded to be pri- 
 
 vattly 
 
stamps. 463 
 
 Vately made, or into any publick gaming houfe, toom, or place, 
 and there fearch and fee what quantity of cards or dice fhail be 
 making, and whether they be (lamped ; and if the owner or oc- 
 cupier fhall refiife entrance or liberty of fearch, he fhall forfeit 
 10/. 10 Jii. c. K). J. 169. 
 
 (6) And if the commiflioners be informed, or have caufe to 
 fufped, that any perfon makes cards or dice in a place not entred, 
 on affidavit thereof by the informer before a jurtice of the peace 
 declaring the grounds of his fufpicion ; the officer may in the 
 day time, and in the prefence of a conftable, by warrant of fuch 
 juliice break open the door, or any part of fuch private place, 
 and enter, and fdze all fuch cards, dice, tools, or materials ; and 
 if not replevied in 5 days, they ftiall be forfeited and fold. 6 G". 
 c. 21./ 59. 
 
 (7) And no materials begun to be wrought for cards or dice, 
 ftiali be removed until they be compleatly made, or the duties 
 paid ; on pain of double duty. 10 An. c. i(). f. 166. 
 
 (8) And no maker of cards or dice fhall remove the fame from 
 the place of making, until fuch mark upon the dice, and fuch feal 
 upon the paper and thread inclofing every pack of cards fhall be 
 put thereon, as the commiffioners fhall appoint ; on pain of for- 
 feiting the fame, and treble value. 9 An. c. 23. f. 41. 
 
 (9) And every maker of cards and dice, who fnall endeavour 
 to defraud the king by any concealment, fnall forfeit 20/. ()An. 
 '■•23./ 43. 
 
 (10) The makers of cards and dice fhall once in every 28 days 
 make entry upon oath with the proper officer, of all the cards and 
 dice by them made within the faid time j on pain of 20 /. 9 An. 
 '••23./ 42. 
 
 And the card maker fhall be obliged at the refpefllve times of 
 entring, to give bond with furety of treble the duty, for payment 
 of the duty in 6 weeks. 6 G. r. 21. / 57. 
 
 (i i) And the maker of cards and d ce fhall once in every 6 
 weeks clear off the duties ; on pain of double duty. 9 An. c. 23. 
 (.i,z. 
 
 And if the card maker fhall on entry pay down the duty, he 
 (hall have the like allowance as for prefent payment of the ftamp 
 duties by the i An. fl. z. c.zz. (That is, he fhall have an abate- 
 ment after the rate of 6 /. per ant. per amium for 6 months.) 
 6G. c. 21. / 58. 
 
 ( I 2) And no cards or dice fhall be expofed to fale, or ufed in 
 play in any publick gaming houfe, unlefs the paper and thread 
 inclofing the fame fhall have been refpeftively fealed and llamped, 
 and unlefs one of the cards of each pack fhall be alfo flaaiped on 
 the fpotted fide ; on pain that every perfon who fhall expofe to 
 fale any fuch cards or dice not llamped, fhall forfeit for every fuch 
 pack, and for every ©ne of fuch dice, 5/. with coib. 10 An, 
 c. 19. / 162. 
 
 (13) And by the 6 G. c. z\ . if any perfon fhall take off the 
 flamp of playiiig cards (in order to puc it on a new pack), or 
 fquare or new fpot any dice which have been pJayed with, or fhall 
 indole anv pack of cards in an outfide pspcr which hath been 
 
 ufed 
 
464 ^tocfe Df companies. 
 
 ufed before, or ftiall fell any cards not ftamped and inclofed in pa- 
 per and thread fealed and ftamped ; he ftiail forfeit i o /. with full 
 cells. /. 55. 
 
 (14) And if any perfon fhall counterfeit the Ibnips on cards or 
 dice, or knowingly fell them with a counterfeit (lamp; he ftiall 
 be guilty of felony without benefit of clergy. 10 Jn. c. \q. 
 
 / 163. 
 
 (15) Neverthelefs, it fliall be lawful to remove cards or dice 
 from the place where they are made, without Itamping or paying 
 duty, provided that vviihin a month after they are made, and be- 
 fore they be removed, bortd of double the duty be given, that 
 they fhall be exported and not relanded, 10 Jn. c. 19. / 170. 
 5G. c. 19./ 48. 
 
 •Star* See 'Bent 
 
 €^tnrcfj« See Crcife. 
 
 %Utk of tlje tmwt^. See Countp x:itz. 
 
 IT is faid, that every vill, of common right, is bound to pro- 
 vide a pair of flocks. 2 Hwvj. 73. 
 And the conftable, by the common law, may confine offenders 
 in the flocks, by way of fecurity, but not by way of punifhment. 
 
 But by divers ftatutes, the flocks is alfo appointed for the pu- 
 nifhment of offenders in fundry cafes, after conviclion. 
 
 ^tocfe of companies. 
 
 IF any perfon fhall forge or counterfeit any power or authority 
 to transfer any fhare of any capital flock of any company 
 eftablifhed by aft of parliament, or to receive the fame, or fhali 
 forge or counterfeit the name of any proprietor, or perfon inti- 
 tled to a dividend, or fhall fraudulently demand, or endeavour to 
 have any fuch fhare received by virtue of fuch counterfeit inftru- 
 ment, or fhall perfonate any proprietor of any fach fhare of fuch 
 ftock; he fhall be guilty of felony without benefit of clergy. 
 8 G. c. 22. / I. 
 
 stolen QOOV0, See ^enitlj tuarrant, Ec-- 
 
 (litUtlOJIt 
 
465 
 
 Moits* 
 
 I, ¥ F any perfcn having the charge or caftody of any of the in)l)ezllling to 
 
 1 king's armour, ordnance, ammunition, fhot, powder, or the value ot 20 s, 
 habiliments of war, or of any vittuals provided for viftualling 
 the army, fhall for lucre or gain, wittingly, advifedly, and of 
 purpofe, CO hinder his majefty's fervice, imbezil, purloin, or con- 
 vey away the fartie to the value of 20 s. or Ihall felonioufly fteal 
 orimbezil any of his majefty's fails, cordage, or aiiy other of his 
 majdly's naval ftores, to the like value of zos. he fhall (on pro- 
 fecution within a year) be adjudged guilty of felony without bene- 
 fit of clergy. 31 E/. c. 4. 22 C. 2. c. 5. 
 
 2. And any of the' principal officers or conimilTioners of the Under the value 
 navy, may iffue warrants to fearch for the fame, snd punifti the of 20s. 
 offenders by fine not exceeding zos. or imprifor.inent not exceed- 
 ing one week, the value of the goods not exceeding 2:.;. and if 
 
 the offence requires a higher punifhment, may commit him till he 
 find fureties to appear in the exchequer, or other couit where the 
 king fliall queltion him. for the fame, within one year, on procefs 
 duly ferved for that purpofe on fuch offender, i C. ji. z: c. 25. 
 
 /. 3. 
 
 3. And every perfon who fliall counterfeit the hand of «ny Cou.iterfeiting a 
 officer of the navy to any paper whereby his majefty's naval tiea ■■"■^' oiScei's 
 fure may be difpoftd of, or knowingly produce che '<\ine, he may. ''* 
 
 be bound over by the faid officers and commifTioncrs, or any of 
 them, until he find furety to appear at the next affizes or quarter 
 fejOlons, to be there proceeded againft according to law. i (?. 
 fi, 2. c. 25. /. 6. 
 
 4. No perfon, other than perfons authorized by ccntradling Making (teres 
 with his majefty's officers, (hall make any ftores of war or naval with the king's 
 ftores with the king's mark, that is, cordage of 3 inches and up- "^^rk. 
 wards with a while thread laid the contrary way, or any fn-ailer 
 
 cordage with a twine in lieu of white thread laid the contrary 
 way, or any canvafs with a blue ftreak in the middle, or any other 
 ftores with the broad arrow ; on pain of forfeiting the fame, and 
 200/. with cofts (on convi^iion at the affizes or ftffions, 17 G. z. 
 c. 40. /. lo, II.) half to the king, and half to the informer. 
 9 fif I o W. c. J. 1 . 
 
 And fuch perfon in whofe cuftody fuch goods or flores fo marked 
 (or any timber, thick ftuff, or plank, marked with the broad ar- 
 row, 9 (?. c. 8. /; 3.) fliall be found, ihall forfeit the fame and 
 2co/. with cofts in like manner, a.-id be imprifoned till paid, un- 
 lefs he fliall upon trial produce a certificate from three principal of- 
 ficers of the navy, e.xprefiing the quantity, and on what occafion 
 he came by them. <^^ 10 IV. r. 41. 
 
 But ihc judge or juftices may mitigate the penalty as they (hall 
 fee caufe, and may commit the offender to gaol till payment, or 
 may punifli him corporally by caufmg him to be DuLlickiy wliip- 
 
 V » I. II. H h * ptd. 
 
466 ^nntv foi tlje peace* 
 
 ped, or committed to fome publick workhoufc to be kept to hard 
 labour for 6 months or a lefs time. 9 G. r. 8. / 4. 
 Pardoni 5- Imbezilling or purloining of armour, ftores, navil provi- 
 
 fions, and other habiliments of war, are excepted out of the ge- 
 neral pardon of the 20 G. 2. c. 52. 
 
 ^ubo^itatfon. See Idttm. 
 %mm^. See lo^n'sf tiai?* 
 
 ^ntttv fo? tl)t peace- 
 
 OU T of the Latin word pax, the Normans formed their 
 pa:x, and we (out of that) out peace. Lamb. 5. 
 
 Surety for the peace is the acknowledging a recognizance, or 
 bond, to the king, taken by a competent judge of record, for the 
 keeping the peace. Dalt. c. 116. 
 
 And this furety of the peace, every juftice of the peace may 
 take and command, by a two fold authority: 1. As a miniller, 
 commanded thereto by a higher authority: as when a writ of 
 fupplUa'vit, direfted out of the chancery or king's bench, is de- 
 livered to him. 2. As a judge, and by virtue of his office, de- 
 rived from his commiflion. Dalt. c. 116. 
 
 Concerning which I will (hew, 
 
 7. For zvbat caufe furety of the pace Jhall he 
 granied. 
 
 II. At wbofe requeft it Jhall be granted. 
 
 III. Jgainji ivhom it Jhall be granted. 
 IF. In "xhat manner it Jhall be granted, 
 
 V. H01D the -peace warrant may be fuperfeded. 
 VI How the peace warrant Jhall be executed. 
 VIL IVhat ought to be^ the form of a recognizance 
 for the peace. 
 
 VIII. Hozv fuch recognizance Jhall be certified. 
 
 IX. How fuch recognizance may be forfeited. 
 
 X. How the recognizance being forfeited fhall be 
 
 proceeded on. 
 XL How fuch recognizance may h difcharged. 
 
 I For 
 


^mttv fot tl)t peace. 467 
 
 I. For what caufe furety of the peace /hall be granted. 
 
 1 . By the commiflion of the peace, one or more junices have 
 power to caufe to come btfon them, all thofe ixibo to any of the 
 Aing^j pcopli (oncirning their bodies, or the Jiring of their houfes, 
 have ufed threats, to find fufficient fecurity for the peace or their good 
 hehaixiour tcwards the Mng and his people ; and if they Jhall rcfufe 
 to find fuch fecurity, to caufe them in the iing's prifons to be fafely 
 kept, until they Jhall find fuch fecurity. 
 
 2. Upon which Mr. Hanvkins obferves, that it fcemeth clear, 
 that wherever a perfon has juft caufe to fear, that another will 
 burn his houfe, or do him a corporal hurt, as by killing or beating 
 him, or that he will procure others to do him fuch mifchief, he 
 may demand the furety of the peace againft fuch perfon, and that 
 every julUce of the peace is bound to grant it, upon the parly's 
 giving him fatisfadion upon oath, that he is actually under fuch 
 fear, and that he has jull caufe to be fo, by reafon of the other's 
 having threatned to beat him, or lain in wait for that purpofe ; 
 and that he doth not require it out of malice, or for vexation. 
 I Haiv. 127. 
 
 5. Alfo it fecms the better opinion, that he who is threatned 
 to be impri/oned by another, has a right to demand the furety of 
 the peace ; for every unlawful imprifonment is an affault and 
 wrong to the perfon of a man. And the objection, that one 
 wrongfully imprifoned may recover damages in an aflion, and 
 therefore needs not the furety of the peace, is as ftrong in the 
 cafe of battery as imprifonment ; and yet there is no doubt, but 
 that one threatned to be beaten, may demand the furety of the 
 peace. I Haiv. 127. 
 
 4.. But if the juftice fliall perceive that furety is demanded 
 merely of malice, or for vexation only, without any juft caufe of 
 fear, it fecmeth he may fafely deny it. As in common experience 
 we find it, that where a perfon (hall upon a juft caufe come and 
 crave the peace againft another, and hath it granted to him ; 
 when fuchoiher perfon ftiall come before the jultice, he likewile 
 will crave the peace againll the former, and will perhaps furmife 
 fome caufe ; but yet will neverthclefs be content to furccafe his 
 fuit and demand, fo as the other will relinquilh to have the peace 
 ^ainll him : Here the juftice ftiall do well not to be too forward 
 in granting the peace thus required by the latter, but to perfuade 
 him, and to fticw him the danger of his oath which he is to takej 
 but yet if he will not be perfuaded, but will take his oath, that 
 he is in fear, where indeed he neither doth fear, nor hath caufe to 
 fear, this oath ihall difcharge the juftice, and the fault ftiall re- 
 main on fuch complainant Dalt. c. X16. 
 
 5. Alfo, if a man will require the peace, becaufe he is at rja- 
 rianccy or in fuit with his neighbour, it ftiall not be granted. 
 Dalt. c. 116. 
 
 6- Alfo, jyir. Lambardizys, he takes it to be fomewhat clear, 
 that a jufticf may sot Ir tht commiflion award a precept of th« 
 
 H h i peace. 
 
468 ^iirctv to3t tl)e peace* 
 
 peace, in behalf of a man that will require it, becaufe he fearcth 
 that he will do harm to hia fi^riiMits or catt/e. Lamb. 83. 
 
 And Mr. Di-'.Uci/i fays, where a man is in fear that another will 
 hurt his fervants, or his cattle, or other goods, this furety of the 
 peace fhall not be granted by the juftice. But in this cafe Fitz- 
 herbert faith, the party may have a fpecial writ out of the chan- 
 cery diredled to the {herifF, that he (hall caufe fuch perfon to find 
 furety, that he (hall do no hurt or damage to the other man in his 
 body, or to his fervants or goods ; and if he will not find furety, 
 that then he (hall arreft and detain him in prifon until he (hall find 
 furety. Dalt. c. 116. 
 
 And the reafon why a man may not have fureties of the peace 
 againft another, for that he feareth he will do harm to his fer- 
 i-cJits, feemeth to be, becaufe it (hould be the fn-'vajid fear in 
 fuch cafe, and not the maper\ ; and the fervant's own oath before 
 the juilice is neceffary. And as to his goc^/s, it feemeth clear, ' 
 that no fureties of the peace ought to be granted in that cafe; for I 
 the recognizance of the peace when taken, is only that the party 
 fhall keep the peace towards the king and all his liege people. 
 
 But Mr. Dalton fays, that if a man (hall threaten to hurt his 
 ijc.ife, or child, he thinks he may crave the peace at the jullice's 
 hands, by the words of the commiifion, and that the jullice ought 
 to grant it. Dolt. r. 1 16. 
 
 7. Note alfo, the furety of the peace fhall not be granted, but 
 where there is a fear of fome prefent or future danger, and not 
 merely for a battery or trefpafs that is pafl:, or for any breach of 
 the peace that is paft ; for this furety of the peace is only for the 
 fecurity of fuch as are in fear : But the party wronged may puni(h 
 the offender by indiftment ; and the juftice, if he fee caufe, may 
 bind over, the f.iTrayer. Dalt. c. 116. That is, he may bind 
 him over to ani'Aer unto the indiftment. 
 
 //. At whofe requejl it Jhall he granted. 
 
 1. As to this, Mr. Haivkbis fays. It feems to be agreed at this 
 doy, that all perfons whatfoever, under the king's proteftion, 
 being oi fane viemorj, whether they be natural and good fubjed<, 
 or aliens, or excamr.unicatc, or attainted of treaJo7i, have a right 
 to demand furety of the peace. And it is certain, a I'jife may 
 demand it agair^it her hufband threatning to beat her outrageoufly, 
 and that a huJlandzXio may have it againft his wife. I Haiv. 126. 
 Crom. 118. 
 
 Upon which Mafler Crompton obferveth, that if the wife in. 
 fuch cafe cannot find fureties, (he (hall be committed; and fo, fays, 
 he, a man may be rid of a (hrew. Crom, 1 1 8. 
 
 2. And Mr. Dalton fays, zx). infant under the age of 14 years,' 
 may demand this furety, and it (hall be granted him. Dalt, 
 c. \\j. ' 
 
 3. Bat. as to a j^&rCon of no fif me memory, Mr. Dalton (ays, this 
 furety (hall neither be granted againft him nor to him upon his owa 
 requel^ ; but yet if there (hall be caufe, 'the juftice ought to pro- 
 Vide fdr his fafety. Dalt: c. 117. 
 
^ntttv fi)? tlje peace. 469 
 
 III. Agninji whom it pall be granted. 
 
 There feems to be no doubt, but that it ought, upon a juft 
 caufe of complaint, to be granted by any jnftice of the peace, 
 againft any perfon whatfoever, under the degree of nobility, 
 being of fane memory, whether he be a magiftrate or private per- 
 fon, and whether he be of full age, or under age. But infants 
 and femes covert ought to find fecurity by their friends, and not 
 to be bound themfelves. And the fafeft way of proceeding 
 againft a peer, is by complaint to the court of chancery or king's 
 bench, i Haav. izj. 
 
 IV. In what manner it jhall he granted. 
 
 I. It feemeth certain, that if the perfon to be bound be in the 
 prefence of the juftice, he may be immediately committed, unlefs 
 he offer fureties ; and from hence it follows a fortiori, that he may 
 be commanded by word of mouth to find fureties, and committed 
 for his difobedience : But it is faid, that if he be abfent, he can- 
 not be committed without a warrant from fome jullice in order to 
 find fureties, and that fuch warrant ought to be under Teal, and to 
 fhew the caufe for which it is granted, and at whofe fuit (that the 
 party may provide his fureties), and that it may be direfted to any 
 indifferent perfon. i Haiv. 128. 
 
 ' 2. The juftice may make the warrant, to bring the party be- 
 fore himfelf or fome other juftice, or he may make it to bring the 
 party before himfelf only ; for he that maketh the warrant for the 
 moft part hath the beft knowledge of the matter, and therefore 
 he is the fitteft to do juftice in the cafe. 5 Co. 59. 
 
 3. As to the granting procefs of the peace or good behaviour, 
 out of the chancery or king's bench, it is enadled by the 2 1 J. 
 c. 8. that it fhall not be granted but 'upon motiorq in open court-, 
 and declaration in writing and upon oath, to be exhibited by the 
 party defiring fuch procefs, of the ca'ufes for which fuch procefs 
 (hall be granted; the motion and declaration to be mentioned on 
 the back of the writ. And if it fliall afterwards appear, that the 
 caufes are untrue, the court may order cofts to the party grieved, 
 and commit the offender till paid. 
 
 V. Hozv the peace warrant may he fuperfeded. 
 
 1. It is faid, that if one who fears that the furcty of the peace 
 will be demanded againft him, find fureties before any juftice of 
 the fame county, either before or after a warrant is iffued againft 
 him, he may have a fuperfcdeas from focli j>iii:ice, which ihall 
 difcharge him from arreft from any other juftice, at the fuit of the 
 fame party, for whofe fecurity he has given fuch furety. i Hu^\ 
 129. 
 
 2. In which fuperfcdeas it is not receflary to name either the 
 fureties, or the fums in which they are bound ; but yet it is the 
 better form to exprefs them both. Dalt. c. 118. 
 
 Hh 3 3. Alfo, 
 
470 ^tttcctp foj tDe peace. 
 
 3. Alfo, it is faid, that an appearance ucon a recognizance for 
 the peace may be fupcrfedcd, by finding iureties in the chancery 
 or king's bench, and purchafing a writ teftifying the fame ; but 
 this pradice having been often abufed, it is enaded by the 217^. 
 c. 8 that no writs oi fuptrfeJeas fhall be granted out of the chan- 
 cery or king's bench, but upon motion in open court, and on facK 
 fufHcient furetics as (hall appear on oath to the court, to be aiTeffed 
 in the fubfidy book at 5 /. lands, or 10 A goods, and unlefs it fhall 
 alfo firll appear to the court, that the proccfs of the peace or goed 
 behaviour is profecutcd againft him, defiring {yic\i fuperfedeoi bona 
 fdt by fome party grieved in that court, out of which %\it fuperfe- 
 dcas is defined to be awarded, i Hatx. 129. 
 
 VL How the peace warrant jball he executed. 
 
 1 . It can be executed only by the perfons to whom it is dire^- 
 ed, or fome of them, unlefs it be dircfted to the fherifF, who may 
 either by parol, or by precept in writing, authorize an officer 
 fworn and known, to ferve it, but cannot impowcr any other per- 
 fon without a precept in writing, i Hwjo. 128. 
 
 2. It fecms generally agreed, that where a perfon authorized 
 by warrant of a juftice of the peace to compel a man, who is 
 fheltred in an houfe, to find furcties for the peace or good beha- 
 viour, is denied quietly to enter into it, he may juftify breaking 
 open the doors, in order to take him ; but he muft firft fignify to 
 thofe in the houfe the caufe of his coming, and requell them to 
 give him admittance. 2 Hanu. 86. 
 
 3. \{ the warrant fpecially direft that the party ihall be brought 
 before the juftice who made it, the officer ought not to carry him 
 before any other ; but if the warrant be general, to bring him be- 
 fore any juftice of fuch place, the officer has the cle^ion to bring 
 him before what juftice he pleafeth, and may carry him to prifon 
 for refufing to find furety before fuch juftice. 1 Ham). 1 28. 
 
 4. And if the party is carried before another juftice, and not 
 before him who iflued the warrant, fuch other juftice muft take the 
 furety, and bind him by recognizance in all points as the form of 
 the precept doth require. And thereupon fuch other juftice, ha- 
 ving fo taken furety of the peace, may and ought upon requeft, to 
 make his fuperftJeas to all officers, and to all other juftices of the 
 fame county ; and thereby the faid party ihall be discharged from 
 finding other furety, and from any other arrcft for the fame caufe. 
 But by fuch fuperfeJcas, the Other juftice cannot difcharge the war- 
 rant of the firrt juftice, until the party be bound indeed, nor give 
 any other day to the party to appear. Dalt. t. 118. 
 
 5. If the warrant be in the common form, requiring the 'of- 
 ficer to caufe the party complained of to come before the juftice 
 to find fufficient furety, and if he ftiall refufe fo to do, to convey 
 him immediately to prifon, without expecting any fijrther war- 
 rant, until he ftiall willingly do the fame, the ofhcer who fervcs 
 it, before he makes any arrell, ought firft to require the party to 
 go with him, and find fureties according to the purport of the 
 warrant; but upon rcfufal to do either, that is, cither to go be- 
 fore 
 
^vivttv fo? tlje peace. 47 1 
 
 fore the juftice, or to find fureties, he may carry him to the gaol 
 by force of the fame warrant, without more, i Haiv. 128. 
 DaU. c. 118. 
 
 And yet the conflable. or officer, may bring him in that cafe 
 before the juftice ; and if he rcfufcs there to give fureties, he 
 may commit him without any further warrant or mittimus. 
 zH.H. 112. 
 
 Neverthelefs, notwithftanding thefe great authsrities, it may 
 net be convenient for the juftice, to leave fo much to the confta- 
 ble's judgment, as to determine what fhall or fhall not be deemed 
 a refufal to find fuch fureties ; for that the conftable is conftitutcd 
 a judge in fuch cafe by no law. And much lefs doth it feem 
 advifable, to require in the warrant, as is ufual, that the conlta- 
 ble fhall carry the party to gaol, if he Ihall refute to find fujjidcnt 
 fureties; for it doth not appear, how the conftable can any way 
 be deemed a competent judge of that ; for it is certain, that he 
 cannot adminifter an oath to fuch fureties, or others, whereby to 
 inform himfelf of fuch fufficiency. 
 
 6. If the ofiicer do arreft the party, and do not carry him be- 
 fore the juftice to find fureties ; or upon the refufal of the party, 
 if the officer ftiall arreft him, and do not carry him to the gaol, 
 in both ihcfe cafes the oflicer is punilhable by thejuftices for this 
 regled, by indidtment and fine at their feflions : And alfo the 
 party arrelled may have his aftion of falfe imprifonment for the 
 arreft ; for where the ofiicer doth not purfue the cffeft of his war- 
 rant, his warrant will not excufe him of that which he hath done. 
 Bait. c. 118. 
 
 7. When the party cometh before the juftice, he muft offer 
 fureties, or elfe the juftice may commit him ; for the juftice nced- 
 eth not to demand furety of him. Dalt. c. 118, 169. 
 
 8. If the juftice was deceived in the fufficiency of the fureties, 
 he or any other juftice may afterwards compel the party to find 
 and put in other fufficient fureties, and maj' take a new recogni- 
 zance for the fame. Dalt. c. 116, 119. 
 
 9. But if the fureties die, the party principal fhall not be com- 
 pelled to find new fureties. Dalt. c. 119. Becauie their execu- 
 tors or adminiftrators are liable. 
 
 10. Alfo if a man, that was bound to keep the peace, hath 
 broken his bond, the juftices ought of difcretion to bind hioi 
 anew. Lamb. 78. 
 
 But not until he be thereof convided by due courfc of law ; 
 for before conviction, he ftandeth indifferent, whether he hath for- 
 feited his recognizance or not. Crovi. 125. 
 
 VII. What ought to he the form of a recognizance for 
 the peace. 
 
 1. The recognizance which the juftice takes for the keeping of 
 the peace, is rather of congruity, than by any exprefs authority 
 given either by the common law, or by ftatute. Dtdt. c. 168. 
 
 2. If it is taken in purfuance of a writ oi fuppUcuvit, ic mufl 
 be wholly governed by the directions of fuch writ ; But if it be 
 
 H h 4 taken 
 
472 ^ntttv fo? tlje peace. 
 
 taken before a juftlce, upon a complaint below, it feems that it 
 may be regulated by the difcretion of fuch jullice, both a? to the 
 number and fufficicncy of the fureties, and the largenefs of the 
 ' fum, and the continuance of the time for which the party (hall 
 
 be bound. And it hath been faid, that a recognizance to keep 
 the peace as to any perfon, for a year, or for life, or without ex- 
 preh.ng any certain time (in which cafe it fhall be intended for life), 
 or without fixing any time or place for the party's appearance, or 
 without 1 .. •'.ig him to keep the peace againft all the king's people 
 in genr, 1 is good. i Hi<iv. izg. 
 
 3. However it feeniS to be the fafeft vvay, to bind the party to 
 
 appear at the next feuions of the peace, and in the mean time to 
 
 keep the peace as to the king and all his liege people, efpecially as 
 
 t~ 'he party, according to the common form of precedents. 
 
 129. 
 
 rni. Ho'-ju fuch recognizance JJjall he certified. 
 
 If it \iz taken by force of a writ oi fupplicanjit, it needs nat 
 be ceriH^ed till the juflice receive a writ of certiorari to that pur- 
 pofe. But if it be tnken upon a complaint below, it muft be 
 certified, fent, or brought to the next feflions, by force of the 
 fta.u e of the 3 //. 7. c. i. that the party fo bound may be called. 
 i Haiv. 1 30. 
 
 IX. How fuch recognizance may he forfeited. 
 
 1. There are divers things which may be dons againfl; the 
 peace, and divers offences for which an indidlment againfl the 
 peace will lie ; and yet the committing or doing fuch offence or 
 act fhall be no forfeiture of the recognizance for the peace : for 
 that the aft that fhall caufe a forfeiture of fuch recognizance 
 mud be done or intended unto the pcrfo: as is aforefaid, or in 
 terror of the people. Therefore to enter into lands, where he 
 ought to bring his adlion ; or to difleife another of his lands ; 
 or to enter into lands or tenements with force, being without of- 
 fer of violence to any man's perfon, and without publick terror ; 
 or to do a trefpafs in another man's corn or grafs; or to take 
 avvay another man's good') wrongfully, fo it be not from his per. 
 fon ; Of to fieal anotiier man's horfe, or other goods felonioufiy, 
 being not from his perfon : All thefe, and the like, are breaches 
 of the peace, and yet thcfe will make no breach of this recog- 
 rizancp, nor breach of the peace within the meaning of tlie 
 commifhon of the peace. Dah. c. 121. 
 
 2. More particularly ; The recognizance is forfeited, if the 
 party make default of appearance, and the fame default fhall be 
 recorded. 3 H. 7. c. i. 
 
 However, if- the party have any cxcufe for his not appearing, 
 it feems that the fcl'fions is nf)t bound peremptorily to record hiS 
 default, but may equitably conf.der cf tiic rcafonablenefs of fuch 
 excufe. 1 Ua--w. 130. 
 
 1 And 
 
^ntttv foj ti)e peace* 473 
 
 And Mr. Dalton fays, in cafe of the ficknefs of the party, fo 
 that he cannot appear, he has known that the juflices upon due 
 proof thereof have forborn to certify or record fuch forfeiture or 
 default ; and that they have taken fureties for the peace of feme 
 friends of his prefent in court, until the next felTions ; for that 
 the principal intent of the recognizance was but the prefervation 
 of the peace. But he queries how this is warrantable by their 
 oath. Dtdt. c. 1 20. 
 
 3. Alfo, there is no doubt, but that it may be forfeited by eny 
 aftual violence to the perfon of another, whether it be done by 
 the party himfelf, or by others thro' his procurement; as man- 
 flaughter, rape, robbery, unlawful imprifonment, and the like. 
 I Haiv. I 30. 
 
 4. Alfo it hath been holden, that it may be forfeited by any 
 treafon againft the king's perfon, and alfo by any unlawful af- 
 fembly in terror of the people, and even by words direftly teud- 
 ing to a breach of the peace, as by challenging one to fight, or- 
 in his prefcnce threatning to beat him. i Ha'iv. i 30. 
 
 Otherwife it is if the party be abfent ; and yet if the party fo 
 bound fhall threaten to kill or beat a perfon who is abfent, and 
 after fhall lie in wait for him to kill or beat him, this is a forfei- 
 ture of the recognizance. Dalt. c. 121. 
 
 5. However, it feems that it fliall not be forfeited by bare 
 words of heat and choler, as the calling a man knave, teller of 
 lies, rafcal, or drunkard ; for tho' fuch words may provoke a 
 cholerick man to break the peace, yet they do not direftly chal- 
 lenge him to it, nor does it appear that the fpeaker defigned to 
 carry his refentment any farther : And it hath been faid, that even 
 a recognizance for the good behaviour (hall not be forfeited for 
 fuch words ; from whence it follows a fortiori, that a recogni^ 
 zance for the peace fhall not. iH^xu. 130. 
 
 6. Alfo, there are fome adlual aflaults on the perfon of ano- 
 ther, which do not amount to a forfeiture of fuch recognizance ; 
 as if an oflicer, having a warrant againft one who will not fuft'er 
 himfelf to be arrefted, beat or wound him in the attempt to take 
 him ; or if a parent in a reafonable manner chaftife his child ; or 
 a mailer his fervant, being aftually in his fervice at the time ; or 
 a fchoolniafler his fcholar ; or a gaoler his prifoner ; or even a 
 hufband his wife, as fome fay ; or if one confine a friend who is 
 mad, and bind and beat him, in fuch a manner as is proper in 
 his circumflances; or if a man force a fword from one who of- 
 fers to kill another therewith ; or if a man gently lay his hands 
 upon another, and thereby flay him from inciting a dog againll 
 a third perfon ; or if a man beat another (without wounding him, 
 or throwing at him a dangerous weapon) who wrongfully endea- 
 vours with violence to dirpofTefs him of his land or goods, or the 
 goods of another delivered to him to be kept,- and will not defift 
 upon his laying his hands gently on h!;n, and dillurbing him ; or 
 if a man beat, or as fome fay, wound, or :.'-.aim one who makes 
 an affault upon his perfon, or that of his vvite, parent, child, or 
 mafler, efpecially if it appear that he did all he could to avoid 
 fighting before he gave the wound; or :f a n:ian fight with, or' 
 
 beat 
 
474- dtttctp fo> tlje peace: 
 
 beat one who attempts to kill any ftranger ; or if a man even 
 threaten to kill one, who cuts hira in fear of death, in fuch a 
 place where he cannot fafe/y fly from him ; or if one imprifon 
 tbofe whom he fees fighting, till the heat is over, i Ha-w. 1 30, 
 
 X. Hoia the recognizance being forfeited Jball be pro- 
 ceeded on. 
 
 It is faid, that the juftices cannot in any cafe proceed againft 
 the party, for a forfeiture of his recognizance, either in refpedl 
 of his not appearing, or breaking the peace ; but that the recog- 
 nitancc it felf, with the record of default of appearance, ought 
 to be removed into fomc of the courts at IVtJlminJlcr, who (hall 
 proceed by/ /Wy^fw upon fuch recognizance: And fo it ought 
 to be, if it be prefented by the jury, or great inqueft, that the 
 party hath forfeited his recognizance, by breach of the peace. 
 1 Haiv. 1 30. Dalt. Old Ed. c. 70. 
 
 XI. HclV fucb recognizance may be difcbarged, 
 
 1. He who is bound to the peace, and to appear at a certain 
 day, muft appear at that day, and record his appearance, altho* 
 he who craved the peace cometh not to defire that it may be con- 
 tinued; otherwJfe the recognizance cannot be difcharged. Dalt. 
 c. 120. 
 
 2. If the recognizance be made to keep the peace generally, 
 without any time or day limited, it fhall be conllrued to be du- 
 ring the party's life; and this the juftice may do upon rcafonable 
 caule : but if fuch furety be fo taken, during the offender's life, 
 neither the king, nor the juftice, nor the party, can releafe or 
 difchargc it : And therefore the jullice mull: be well advifed, how 
 he granteth fuch furety. Dah. c. i ig, 120. 
 
 3. But it feems to be agreed, that it may be difcharged by the 
 death or demife of the king in whofe reign it was taken, or of 
 the principal party who was bound thereby, if it were not for- 
 feited before. I Hanv. 129 
 
 4. Alfo^ it hath been holden, that it may be difcharged by 
 the releafe of the party at whofe complaiiit it was taken, being 
 certified together with it; but this may juftly be qucftioned, be- 
 caufe the recognizance is not to the fubject but to the king ; and 
 cdnfequently canijot be difcharged by the fubject, who is not a 
 party to it : iiov.ever, fuch a releafe will be a good inducement 
 to the court, to which fuch a recognizance (hall be certified, to 
 difcliarge it. i Haiv. i 29. 
 
 5. And if a man be bound to keep the peace towards the king 
 and all his people, but not towards any perfon certain, and to ap- 
 pear at fuch a feffions, the court at that ieflions may make procla- 
 mation, that if any man can P.iew caufe, why the peace granted 
 againft fuch a one fhall be continued, he fhall fpeak ; and if no 
 perfon cometh to demand the peace againft him, or to Ihew caufe 
 why it fhould be continued, ihen the court may difcharge him. 
 
 B..t 
 
§>mttv fot tDe peace. 
 
 But if a man be bound as aforefaid, and tfptcially to keep the peace 
 toivardt a certain per/on, there tho' fuch perfon comcth not to deiire 
 the peace may be continued, yet the court by their difcretion may 
 bind him over till the next fcffion, and that may be to keep the 
 peace againft that perfon only if they fhall think good ; for it may- 
 be that the ptribn who firft craved the peace is fick, or otherwifc 
 letted, fo as he cannot come to that fclFions to demand the conti-^ 
 nuance of the peace further. Dalt. c. 1 20. 
 
 6. Alfo it is certain, that fuch a recognizance cannot be par- 
 doned or releafcd by the king, before it is broken ; bccaufc the 
 fubjeft hath a kind of intercft in it ; but being forfeited, then the 
 king, and no other, may rcleafe and pardon the foxfeiture. i 
 Haiv. 129. 
 
 7. And it is faid, that the fureties are not difcharged by their 
 death ; but that their executors or adminiltrators (as hath been 
 iaid) do continue bound, i Haic 129. Dalt. c. 120. 
 
 8. Likcwife, if the party be impriloned for default of furetie?, 
 and after, he that demanded the peace againll him happen to die; 
 h feemeth the jufticc may make his liberate or warrant for the de- 
 livery of fuch prifoner, for afcer fuch death, there feemeth no 
 caufe to continue the ©ther in prifon. Alfo, any jufticc may, up- 
 on the offer of fuch prifoner, take furety of him for the peace, 
 and may thereupon deliver him. Dalt. c. iiS. 
 
 ^ntttv fo? tlje flooD bel)at)four* 
 
 AM AN may be compelled to find fureties, both for the 
 good behaviour, and for the peace ; and yet the good be- 
 haviour includeth the peace : and he that is bound to the good be- 
 haviour, is therein alfo bound to the peace. Da/t. c. iiz. 
 
 This furety for the good behaviour being of near affinity to 
 furety for the peace, both as to the manner in which it is to be 
 taken, fuperfeded, and difchargtd, it feemeth not to require a 
 particulat confideration, fave only as to thcfe two points ; 
 
 /. For -what misbehaviour it is to be required. 
 11 For ivhat it jhall be forfeited. 
 
 I. For what misbehaviour it is to be required. 
 
 X . It doth not appear, that the confervators of the peace at 
 common law had any power as touching the ^ooJ bihavtour, fur- 
 ther than as it had a relation to the peeicc ; and not as it is contra- 
 diilinguifhed from it. And it feemeth, that the power which the 
 jufticcs of the peace do exercife at this day, in relation thereunto, 
 doth folely depend upon the commifiion of the peace, and the fta- 
 tute of the 34 Eii. 3, c. i. (Except in fomc fpecial inltances where- 
 in the power of binding to the good behaviour is given to them bjr 
 particular ftatulcs, which pertain not to this general title.) 
 
 2. The 
 
 475 
 
2. The words in the comniiffion are thefe : ff^e ha've cijjigncd 
 you, jointly and ft'ver ally, and C'-very one of you, our jujiices to keet our 
 feace — and to ccufe to come before you, or any of you, all thofe nvi>o 
 to any one or more of our people, concerning their bodies, or the f ring 
 their houfs, hwve ufed threats, to find fuficient fecurity for the peace, 
 or their good behaviour, to'ivards us and our people ; and if they Jhall 
 refufe to find/uch fecurity^ then them in our prifons, until they Jhall 
 findfuchfcurity, to caufe to bejafely kept. 
 
 3. The fiatute of the i^^Ed. 3. c.\. as to this matter runs 
 thus : In e'vcry county /hall be afjigned f r the keeping of the peace, 
 or.e lord, and ivith him three or four of the mojf nvortlr^ in the 
 county, ivith fome learned in the laiv ; and they fliall ha^ve potxier 
 to refrain the offenders, rioters, and all other barators, and to 
 furfur, arrff, take, and chaftife them according to their trefpafs or 
 offence ; and to caufe them to be imprifoned and duly punifjed, accord- 
 ing to the la^M and zfotns of the realm, and according to that ivhich 
 to them fiall fcem bcf 'to do by their difcretions and good ad-jifment ; 
 hud alfo to inform them, and to inquire of all thofe that ha-ve been 
 pillars and robbers in the parts beyond thefea, and be noKV come again, 
 and go ivdndring, and nui/l not labour as they nvere iMont in times 
 pajl; end to take and arrcji all thofe that they may find by indi5i- 
 incnt, or by fifpicion, and to put them in prifon ; and to take of all 
 them that be not of good fume, nvhere they Jhall be found, fuffcient 
 furety and m.ainpriz,e of their good heha^viour tonvards the king and 
 his people, and the other duly to punify, to the intent that the people 
 he not by fuch rioitr: or rebels troubled vcr endamaged, nor the peace 
 hlemijhed, ncr merchants nor other pajjing by the highways of the 
 renbit difiurbed, nor put in the peril ivhich may happen of fuch 
 offenders. 
 
 4. This iktute foams to have had in view chiefly the diforders 
 to which the country was then liable, from great numbers of dif- 
 banded foldiers, who having ferved abroad in the wars of that 
 vidlorious king, were grown ftrangers to induQry, and were ra- 
 ther inclined to live upon rapine and fpo.l. Barl. 524. 
 
 5^. Bat whatever the natural and obvious fcafe of it may be, 
 vihen corripared with the biftory and circumibnces of thofe times, 
 jc 3s certain that it hath been carried much f'artiier by conftrudlion, 
 and the purport of it hath been extended by degrees, until at 
 i length there is- fcarcely any other itatute, which hath received 
 fuch a largenefs of interpretation. 
 
 And that I may proceed with clearnefs in a matter fo effential 
 to the office of a jullice of the peace, I will fee down the feveral 
 expofuions which have been given of this ftatute from time to 
 time, by learned men ; and then raife fuch obfervations thereupon, 
 as the fiibjeft will naturally fnggcil. 
 
 6. Tlie firft unfolding of the fenfe of this ftatiUe which hath 
 occurred, was in the cafe of ^\r Richard Croft es and Sir Richard 
 Corbet, in the feconJ year of the reign of king Hm. 7. wherein it 
 was refolved by all the judges for that purpofe affembled, that he 
 who is bound to the good behaviour, ought not to do any thing 
 which fhall be ca^ife of breach of the peace, or to put the people 
 in fear, dread, or trouble ; and fo fh<Ul be intended of all things 
 
 Wiiich 
 

which concern the peace : But not in mifdoing of other things, 
 which touch not the peace. Yet a diverfity was obferved, betweea 
 a breach of the peace, and a breach of the good behaviour ; for 
 the peace is not broken without an affray or battery, but the good 
 behaviour may be forfeited by the number of people a man has, 
 and by their harnefs, or weapons, and the like, akho' they break 
 not the peace. 2 //. 7. 2. 
 
 7. The fecond initance, and upon which much Ihefs hath bsea 
 laid, was in the 13th year of the fame king. In trefpafs of af- 
 fault, battery, and imprifonment, at D. the defendant iaith, that 
 one JItce B. had a houfe in the fame town, and kept there fuf- 
 picious people, to wit, of common bawdry, and that the plain- 
 tiff" oftentimes reforted to the iame houfe fufpicioufly, with wo- 
 men of bad fame and name, whereby the conftable of the fame 
 town required the defendant to aid him to arreft the plaintiff, to 
 find furecy of his good behaviour : whereby the defendant came 
 with the faid conibble at the hour of 1 2 in the night, and him 
 found fufpicioufly in the fame place ; whereupon he took him, 
 and put him in ward : And it was holden by all the juftices to be 
 a good jullification ; for they faid^ that it is lawful for every con- 
 fiable to take fufpedled perfons, which wake in the night, and 
 fleep in the day, or that keep fufpicious company, i 3 H. 7. 10. 
 
 8. In the next place, Sir Anthony Fltzherbert, who lived in 
 the reign of K. Hin. 8. faith, that it feemeth that one jufiice 
 may, by the commiflion, iffue a warrant againft a perfon to find 
 furety of the good behaviour, by his difcretion, as well as two 
 juftices may; and the words of the ftatute of the '^\Ed. 5. are 
 to the fame effect : Otherwife, he fays, damage may happen to 
 fome of the king's fubjeds, if the party be not attached, before 
 that two juftices have made the precept; yet (he fays) the com- 
 mon ufage is, to make fuch precept of the good behaviour in the 
 name of two juftices, and it is good to obferve this diredion. 
 Fit%h. 7. Crom. 122. 
 
 9. In the next place, it is proper to take noticc'of a cafe ad- 
 judged in the court of king's bench, in the 30th of Q^Eh'z. re- 
 ported by L. Coie, 4 Irji. i8i. which was thus : At a feffions at 
 Bridgeivater, in the county of Somerfet, one VVilltavi King with 
 fureties was bound by recognizance to appear at the next general 
 feffions of the peace in the fame county, and in the mean time to 
 be of the good behaviour towards the queen and all her people. 
 And after, at the next feffions, William King appeared, and was 
 indifted for flanderous words fpoken fince his binding, to wit, for 
 faying at one time to Ed-ward Kyrton, efquire, "Thou art a feher^ 
 thou art a lyar, and haji told ?ny lord hes. And he was further 
 indifted, that fmce the faid recognizance, the clofe cf one Joha 
 Wich ivith force and arrtis he broke atid entred, and the cattle of 
 the faid John defajitiring in the faid clofe unlaixfully 'vexed and 
 chafed. And afterwards at another time he faid to the faid Kyrton, 
 thou art a dru7iken knaiie. Which indiftment was removed into 
 the king's bench. And hereupon it was debated divers times both 
 at the bar and the bench, whether admitting all that is contained, 
 in the indiftment to be true, any thing therein was in judo^ment 
 
 of 
 
 4-77 
 
4:8 ^ittctv foj tl)c goob beDatJi'ottr. 
 
 of law a breach of the (aid recognizance. And it was refolved, 
 that neither any of the words, nor the trefpafs, were any breach 
 of the good behaviour, for tliat none of them did tend immedi- 
 ately to the breach of the peace .: for tho' the faid words tbou art 
 a l\ar, thou art a drunken ktiuK'c, are provocations, yet they tend 
 not immediately to the breach of the peace j as if William Kmg 
 had challenged Kyrton to fight with him, or had threatned to beat 
 or wound him, or the !ikc; thefe tend immediately to the breach 
 of the peace, and therefore are breaches of the recognizance of 
 the good behaviour. And this diverfity (Lord Coke fays) was 
 juftly collecled upon the coherence and context of the ftatute of 
 the 34. Ed. 3. whereby juftices are aiTigned for keeping of the 
 peace, and to reftrain the offenders, rioters, and all other barators, 
 and to chaftife them according to their trefpafs and offence ; and to 
 inquire of pillors and robbers in the parts beyond the feas, and be 
 now come again, and go wandring and will not labour : And thus 
 muck for the punifhment of offences againft the peace after they be 
 done. Then followeth an exprefs authority given to the juftices, 
 for prevention of fuch offences before they be done, namely, 
 and to take of all them that be tiot of goad fame (that is, that be 
 defamed and juftly fufpefted that they intend to break the peace) 
 luhere they Jhall be found, fufficisnt furety and mainprize of their 
 good heharuiour tonuards the king and his people (which muft concern 
 the king's peace, as is alfo provided by the words fubfequent) to 
 the intent that the people be not by fucb rioters troubled or endumaged^ 
 Her the peace hlemijhed, not merchants nor other pajjing by the high- 
 tvays diJJurbed, nor put in the peril that may happen oj fucb offenders. 
 And as for the trefpafs ; altho' every wrongful trefpafs is by force 
 and arms, and againft the peace, yet thefe are not taken to be 
 fuch as fliall make a breach of the good behaviour. 
 
 10. After this, Mr. Lombard, who wrote towards the begin- 
 ning of the reign of K. fames \. faith thus: Surety of the good 
 abearing is of great affinity with that of the peace ; as being pro- 
 vided for prefervatioa of the peace, as that other is ; for in the 
 conimilTion of the peace, they are both conveyed under one tract 
 of fpeech, againft fuch as threaten to hurt mens bodies, or fre 
 their houfes : which things (he fays) arc now commonly prevented 
 by furety of the peace only. 
 
 And in the 2 ti. 7. 2. (above recited) the furety of the good 
 abearing is fet forth to reft in this point chiefly, chat a man do 
 rothing that may be caufe of a breach of the peace ; and that it 
 doth not confift in the obfervation of things that concern not the 
 peace ; and that it fhould differ from furety of the peace in this, 
 that where the peace is not broken witliout an affray, or battery, 
 or fuch like, this furety may be broktn by the number of a man's 
 company, or by his or their weapons or harnefs. 
 
 And herewithal (he fays) do alfo agree certain precedent: in the 
 king's bench. 
 
 But all this notwithftanditig, he thinks that a man may rcafcn- 
 tbly afiiim, that the furety of good abearing fhould not be xe- 
 
 Itrained to fo narrow founds. 
 
 In 
 

^tttctv fo? tDc sooD ftci)at)tottt» 479 
 
 In proof of which, he proceeds to comment on the abovemcn- 
 tioncd ftatute of the 34 Ed. 3. enabling the keepers of the peace 
 ta take of all them that he not of good fame, ii'htre they Jhall be 
 found, fufficient furett and malnprize of their good aiearing, toivardt 
 the king and his people : So that if a man be defamed » he may by 
 virtue hereof, be bound to his good behaviour at the difcretion 
 of the juftices. Now the doubt rerteth in this ; to underftand 
 concerning what matters this defamation muit be : and this (h« 
 thinks) may be partly gathered out of the faid ftatute ; for after it 
 hath firft given power to the wardens of the peace to arrcft and 
 chaftife offenders (that is to fay, againft the peace, rioters, and 
 barators) then it willeth them to inquire of Juch as hating hem 
 robbers beyond the fea, ^ujere come onjer hither, and iMould rot labour 
 as theyix.ere ifjont \ and laftly, it authorizeth them, to takefurcty 
 of the good hehatiiour of fiuh as he defamed, namely, for any of 
 thofe former offences ; for fo it flandeth well together that they 
 fhall both punifh fuch as have already fo offended, and fhall alfo 
 provide, that others fhall not likewife offend. 
 
 But he fays, the further this bond of the good abearing doth 
 extend, the more regard there ought to be taken in the awarding 
 of it; and therefore (iays he) altho' the juftices hare power to 
 grant it, either by their own difcretion or upon the complaint of 
 others, even as they may that of the peace, yet I wifh rather, 
 that they do not command it but only upon fufRcient caufe fcen 
 to themfelves, or upon the complaint of other very honeft and 
 credible perfons. 
 
 And then, being about to fet forth the form of a warrant, and 
 
 of a recognizance for the good behaviour, he fays,- And here, 
 
 forafmuch as one juftice alone, and out of fefHons, may both by 
 the firft claufe of the commifTion, and alfo by the opinion of FitZ' 
 herhert, grant this furety of the good abearing (altho' the oom- 
 mon pradice be, that two fuch juftices do join in that doing, 
 whereof alfo Fitzherbert hath very good liking) I will not ftick to 
 fet forth the common forms as well of the precept as of the re- 
 cognizance for the fame, wherein if I fhall ufe the names of two 
 juftices, you muft take that to be done according to the common 
 fafhion, and not of any neceffity in law. For as I would more 
 gladly ufe the alTiftance of a fellow juftice in this behalf, if I may 
 conveniently have it ; fo if that may not be gotten, I would not 
 greatly fear, when good caufe fhall require, to undertake the thing 
 my felf alone. 
 
 And befides this, he fays, you may fee admitted by the opinion 
 of the court, 13//. 7. that if a man in the night feafon, hannt t 
 houfe that is fufpefted for bawdry, or ufe fufpicious company, 
 then may the conftable arreft him to find furety for his good abear- 
 ing ; for bawdry is not merely a fpiritual offence, but mixed, and 
 founding fomewhat againll the peace of the land. 
 
 And therefore (fays he) it Ihall not be amifs at this day, in 
 my flender opinion, to grant furety of the good abearing, againll 
 him that is fufpetSed to have begotten a baltard child, to the end 
 that he may be forthcoming when it fhall be born ; for otherwife 
 there will be no putatir* fathet.fwnrf, when the jui^ice* fhtU 
 
 afcer 
 
after the birth come to take order for his punifhtnent. Lavii. 115. 
 —119. 
 
 1 1 . In the next place, Mr. Pulton, who lived about the fame 
 time with Lumbard, writeth thus ; The furety of the good shearing 
 is ordained for the prefer vation of the peace, and it doth differ in 
 nothing from that of the peace, but that there is mare difiicujty iu 
 the performance of it, and the party bound may fooner Aide into 
 the peril and danger of it. The furety of good abearing is moft 
 commonly granted in open fefiions, or by two or tliree juftices ; 
 or, upon a Jiipplica<vit, ard great caufe fhewed and proved, it is 
 granted in the chancery or king's bench. And tho' one juftice 
 alone may grant it if he will, yet it is feldom done fo, unlefs it be 
 to prevent ibme great, fudden, and imminent enormity or danger. 
 The furety of the peace is moll times taken at the requeft of 
 one for the prefervation of the peace chiefly againft one. But 
 the furety of the good abearing is oftentimes granted at the fuit 
 of divers, and thofe muil be men of credit, and to provide for 
 the fafety of rr;any ; for the efFeft and purport thereof is, that 
 the party bound Ihall de.mean himfelf well in his port, beha- 
 viour, and company, and do nothing that may be the caufe of 
 breach of the peace, or in putting the people in fear or trouble : 
 And it is chiefly granted againft common barrators, common 
 rioters, common quarrellors, common peace breakers, and per- 
 fons greatly defamed for reforting to houfes fufpefted to maintain 
 incontiner.cy or adultery, and againft thofe that be generally 
 feared to be robbers or fpoilers of the king's people, or which 
 do endamage, difturb, trouble, or put in peril pafTengers by the 
 way. Pult. 18. 
 
 1 2. Afterwards Mr. Dakcn, who wrote towards the latter end 
 of King James the firft his reign, fays, The furety of the good ■ 
 behaviour is of great affinity with that of the peace, and is pro- 
 vided chiefly for the prefervation of the peace ; and that it is 
 moll commonly granted either in the open feffions, or by tVvO or 
 three juftices out of fefllons. Yet by the words of the com mi f- 
 fion, as alfo by the common opinion of the learned, one juftice 
 alone, out of feffions, may grant this furety of the good beha- 
 viour. Bat this is not ufual, unlefs it be to prevent lome great 
 and fudden danger ,• efpecially againft a man that is of any good 
 eftate, carriage or report. And it iliail be good dilcretioa in the 
 juftices, that they do not grant it, but either upon fuincient caufe 
 ieen to th;mfelves, or upon the fuit ar.d complaint of others, and 
 the fame very honeft and credible perfons. Du!t. c. 123. 
 
 I 3. In the next place, Mr. Hu-xukins, who wrote in the reign 
 of K. George the lirft, faith thus : There feem to have been fome 
 opinions, that the ftatute, fpeaking of thofe that be 7iot of good 
 ffimc, means oply fuch as are defamed, and juftiy fufpeded, that 
 they intend to break the peace, and that it doth not any way 
 extend to thofe who are guilty of other mift^ehaviours not relating ■ 
 to the peace. But this Teems much too narrow a conftrudion j 
 fince the abovementioned expreffion of perfons of e^'U fatnt, in 
 co,mmon undtrftatiding, as properly includes perfons of fcandilous 
 bshavdour.in .Qther refp2cts,ijis- thofe who bv their qoarrelfom^ 
 •j - ' b-la\iour 
 
behaviour give juft fufpicion of their readinefs to break the peace ; 
 and accordingly ic feems always to have been the better opinion, 
 that a man may be bound to his good behaviour for many caufes 
 of fcandal, which give him a bad fame, as being contrary to good 
 manners only ; as for haunting bawdy houfes with women of bad 
 fame; or for keeping bad women in his own houfe; or for fpeak- 
 ing words of contempt of an inferior magiftrate, as a juftice of the 
 peace, or mayor, tho' he be not then in the a£lual execution of 
 his office ; or of an inferior officer of juftice, as a conftable, and 
 fuch like, being in the atlual execution of his office. 
 
 However it feems the better opinion, that no one ought to be 
 bound to the good behaviour, for any rafh, quarrelfome, or un- 
 mannerly words, unlefs they either direftly tend to a breach of 
 the peace, or to fcandalize the government, by abufing thcfe who 
 are intrurted by it with the adminiftration of juitice, or to deter 
 an officer from doing his duty ; and therefore it feems, that ha 
 who barely calls another rogue, or rafcal, or teller of lies, or 
 drunkard, ought not for fuch caufe to be bound to the good beha- 
 viour. 
 
 However, fays he, I cannot find any certain precife rules, for 
 the direftion of the magiftrate in this refpedl ; and therefore anr 
 inclined to think, that he has a difcretionary power to take fuch 
 furety of all thofe whom he ihall have juft caufe to fufpedl to be 
 dangerous, quarrelfome, or fcandalous ; as of thofe who fleep in 
 the day, and go abroad in the night ; and of fuch as keep fufpi- 
 cious company ; and of fuch as are generally fufpefted to be rob- 
 bers, and the like ; and of eves droppers ; and common drunkards ; 
 and all other perfons, whofe mifbehaviour may reafonably be in- 
 tended to bring them within the meaning of the ftatute, as perfons 
 of evil fame, who, being defcribed by an expreffion of fo great 
 latitude, feem in a great meafure to be left to the judgment of the 
 magiftrate. But if he commit one for want of fureties, he muft 
 ihew the caufe with convenient certainty, i Haiu. 132. 
 
 14. And thus the fenfe of the ftatute hath been extended, not 
 only to offences immediately relating to the peace, but to divers 
 mjfbehaviours not diredly tapding to a breach of the peace ; info- 
 much as it is become difncult to define how far it fhall extend, 
 and where it ftiall ftcp. 
 
 Mr. Dalton, in order to determine the fame with fome kind of 
 certainty, hath (notwithftanding lys opinion as abovementioned) 
 inferted a number of inftances, wherein fureties of the gcod be- 
 haviour may be granted ; and they are thefe that follow : 
 
 (i) Againft rioters. 
 
 (2) Barators. 
 
 (3) Common quarrellor?, and common breakers of the peace. 
 
 (4) Such as lie in wait to rob, or ftiall be fufpefted to lie in 
 wait to rob, or fhall afiauk, or attempt to rob another, or fhall 
 put paflengers in fear or peril ; or fhall be generally fufpeded to 
 be robbers by the highway. 
 
 (5) Such as are like to commit murder, homicide, or other 
 grievances, to any of the king's fubjeitj in their bodies. 
 
 Vo L. II. I i (6) Such 
 
(6) Such as (hall praflife to poifon another : one inflance of 
 Avhich may be the poifoning their food ; thus Mr. Dalton granted 
 the good behaviour againlt one who had bought ratfbane, and 
 mingled it with corn, and then caft it amongft his neighbour's 
 fowls, whereby moft of them died. 
 
 (7) Such as in the prefence or hearing of the juftice, fhall mif- 
 behave himfelf in fome outrageous manner of force or fraud. 
 
 (8) Such as are greatly defamed for reforting to houfes fufpefted 
 to maintain adultery, or incontinency. 
 
 (9) Maintainers of houfes commonly fufpefted to be houfes of 
 common bawdry. 
 
 (10) Common whoremongers and common whores ; for bawdry 
 is an offence temporal as well as fpiritual, and is againft the peace 
 of the land. 
 
 (i i) Night walkers, that fhall eves-drop mens houfes, or fhall 
 caft mens gate?, carts, or the like, into ponds, or commit other 
 outrages and mifdemeanors in the night, or fhall be fufpei5\ed to 
 be pilferers, or otherwifc like to difturb the peace, or that be 
 perfons of ill behaviour, or of evil fame or report generally, or 
 that fhaJl keep company with any fuch, or with any other fufpi- 
 cious perfon in the night. 
 
 (12) Sufpei^ed perfons who live idly, and yet fare well, or are 
 well apparelled, having nothing whereon to live ; unlefs upon ex- 
 amination they fliall give a good account of fuch their living. 
 
 (13) Common gamefters, efpecially if they have not whereon 
 to live. 
 
 (14) Such as raife hue and cry without caufe. 
 
 (15) Libellers. 
 
 (16) Putative father of a baftard child. 
 
 (17J Such as perfuade or procure the putative father to run 
 away, or the mother to be conveyed away, whereby flie leaveth 
 her child to the charge of the town. 
 
 (18) Such as abufe a juftice's warrant, or fhall abufe him or 
 the conftable in executing their ofRce. Nay, it feemeth (he fays) 
 that he who fnall ufe words of contempt, or contrary to good 
 manners, againft a juflice of the peace, tho' it be not at fuch a 
 time as he is executing his office, yet he fhall be bound to his good 
 behaviour. 
 
 (ig) Such as charge another before a juftice with felony, riot, 
 or forcible entry, and yet will not profecute or give evidence. 
 
 (20) In general, whatfoever z£i or thing is of it felf a mifbe- 
 haviour, is caufe fufficient to bind fuch an offender to the good 
 behaviour. Dalt. c. 124. 
 
 To which others h.^.ve added other inftances : As, 
 
 (21) Forcible entry, i Ha'z'.-. 124.. 
 
 (22) Mr. Ha-xvkins {iys, that he hath heard it agreed in the 
 court of king's bench, that a writing full of obfcene ribaldry, 
 without any kind of refleftion upon any one, is not punifhable at 
 all by any profecation at common law; yet it feems, he fays, that 
 the author may be bound to his good behaviour, as a fcandalous 
 perfon of evil fame, i Haiv. 195. 
 
 {23) A 
 
(23) A man did beat a woman in Wcftmhijiei-hall^ and he was 
 bound to the good behaviour ; and fo (fays Mr. Crompton) he may- 
 be bound to the peace or good behaviour, where he llriketh a per- 
 fon in the prefence of the juftices in feffions, Crom. 124. 
 
 (24) A man was bound to the good behaviour by tlie court of 
 king's bench, for aflaulting and threatning a perfon fo, that he 
 could not attend the court in a fuit there, without great coll. And 
 fo it fecmeth that it may be done, where one cometh to the feflions 
 about a traverfe to be tried there, or to prefer a bill of iadidment, 
 if he be aflauUed or threatned. Crorn. izj. 
 
 15. I have omitted to make any remarks in the progrefs of 
 thefe authorities, being willing to exhibit them together in one 
 view ; I proceed now to take notice of fuch obfervations as do 
 occur upon the whole. 
 
 Firft, Jt appears from hence, that the univerfal practice of one 
 juftice binding to the good behaviour, is but of a modern date ; 
 altho' the law for it is the fame now, that it was near 400 years 
 ago : and that it was a long time doubted, whether one julHce 
 alone could require fureties of the good behaviour. But here a 
 diftinftion ought to be made, between the power given by the 
 commiffion of the peace, and the power given by the abo\emen- 
 tioned ftatute : As to the commiffion, there feemeth to be no 
 foundation for any doubt, but that thereby one jullice alone may 
 require fuel) fureties ; for the words are exprefs, nve ha've ajjjgned 
 you, jointly and ft-ver ally, and e-very one of you ; but then that ex- 
 tends only to two inftances, namely, to the threattiing of a per/on 
 concerning his body, or the firing of his houfe. As to the ftatate, 
 the doubt feems to have arifcn upon this ; in that having appointed 
 who (hall be affigned for juftices, it then diredeth, that They Jhatl 
 ha've poiver to refrain offenders; and it is holden, as Mr. Lamhard 
 hath obferved, that if no power be exprefly given by any ftatute 
 to any one juftice alone, he cannot otherwiie compel the obferva- 
 tion thereof, than by the help of his fellow juftices. And Mr. 
 Hawkins fpeaking hereof in the cafe of riots, fays, that if one 
 juftice alone, proceeding upon this ftatute, ftiall arreft an innocent 
 ftrfon as a rioter, it feemeth that he is liable to an aftion of trefpafs, 
 and that the party arrefted may juftify the refcuing of himfelf j 
 becaufe no one fingle juftice is by this ftatute made a judge of the 
 faid offence : Yet neverthelefs, he fays, by a favourable con- 
 ftruftion which this ftatute hath received for the advancement of 
 juftice, it hath been refolved, that any one juftice, upon this 
 ftatute, if he finds the perfons riotoufiy afembhd, may, without 
 flaying for his companions, arreft the offenders, and bind them 
 to iheir good behaviour. ' 
 
 Secondly, It feemeth from what hath been rehearfcd, that the 
 words, mt of good fame, were generally underftood for a long 
 time, to refer to fuch offences only, as have a relation to the peace, 
 and not to other things which concern not the peace. 
 
 Thirdly, That one great in-let to the larger, and at length 
 almcft unlimited interpietation of the words, was the cafe above - 
 Eicntior.ed i 3 H. 7. wherein it was adjudged to be lawful to arreft 
 a man for vhe good behaviour, for frec^ueuting a fufpeded bawdy 
 
 1 i a houie, 
 
 '1 
 
houfe, with women of bad fame. And this is the reafon which 
 Mr. Daltoi gives for many of his inftances above fpecified, namely, 
 that they are more properly againft the peace, than this fame cafe 
 of avowtry. 
 
 Fourthly, That when once the gap was opened for the admif- 
 fion of other offences not immediately relating to the peace, they 
 flowed in and multiplied. Thus, in the cafe of baftardy, having 
 fome affinity with the other of frequenting bawdy houfes, Mr. 
 Lambard i\io\i^\t, that with equal reafon, the reputed father of a 
 baftard child might be bound to the good behaviour ; and in a few 
 years after, Mr. Dalton delivers it abfolutely, that he may be fo 
 bound. 
 
 Fifthly, Thnt therefore the natural and received fenfe of any 
 Hatute ought not to be departed from without extreme neceffity ; 
 for that one conceffion witf make way for another, and the latter 
 will plead for the fame right of admiffion as the former. 
 
 Sixthly, That notwithftanding the aforefaid inftances given by 
 Mr. Dalton and others, it may not be fafe in all cafes to rely uport 
 every one of them without diftinftion ; not only becaufe it is 
 almoft impoffi'ole for any two cafes to be exaftly alike in all their 
 circumflances, but alfo becaufe in faft divers of them at different 
 times have been adjudged othervvife, and others of them have not 
 prevailed without much difficulty and contradidion in the courts 
 above, and perhaps Were at length admitted rather from the con- ' 
 veniency and reaibnablenefs of the thing itfelf, and from an in- 
 dulgence dually allowed to thofe gentlemen who ferve their coun- 
 try without gnin, and oftentimes with much trouble, than from 
 any clear, pofitive, and exprefs power given to them by the com- 
 mifBon, or by the faid flatute. 
 
 Seventhlyy That notwithflanding all which hath been faid, per- 
 haps the cafe before lecited, concerning the frequenting of a fuf- 
 pefted bawdy houfe, will not wholly fupport the weight which 
 fo many authors have laid upon it. For the queftion, whether a 
 juftice of the peace had cognizance of the offence, by virtue of 
 the commiffion of the peace, or of the flatute of the 34 Ed. 3. 
 was no part of the difpute ; for it was an arrefl by the conflable 
 ex oficio, as a confervator of the peace at common law, and with- 
 out any warrant from a magiftrate: And the queftion was not, 
 whether the conflable might require fureties for the good behavi- 
 our, as a thing different from fureties for the peace, but whether 
 in that cafe he could arrefl at all or not. 
 
 And if the authority of this cafe fhall be abated, feveral of the 
 abovementioned inflances will abate in proportion. 
 
 Eighthly, It is to be obferved, that others of the abovefaid 
 inftances, were eftablifned upon matters originally determined in 
 the court of king's bench, and Mr. Crompton himfelf doth refer 
 to the authority and praftice of that court in fevefal inftances. 
 Crom 120. But it doth by no means follow from what the juftr- 
 ces of the court of king's bench may do, that juftices of the peace 
 may do the like ; for their authority is circumfcribed and limited • 
 by their commiJiion and the llatute law. 
 
 Ninthlv, 
 
Ninthly, That it will perhaps abate fome other of the fore- 
 going inftances, if we attend to this confideration ; that there is a 
 great difference between what the juftices in feffions may do, after 
 convidion by a jury, for an offence committed, and what a fingle 
 juftice out of the feilions may do, before an offence is committed, 
 and to prevent the fame from being committed ; or what a fingle 
 julHce may no, upon a fummary convidion before him, for an of- 
 fence, as direfled by fome fpecial ad of parliament. The truth 
 is, binding to the good behaviour was a difcretionary judgment at 
 the common law, given by a court of record, for an offence at 
 the fuit of the king, after a common law conviftion b/ verdid of 
 twelve men. Trial by his peers is the EngUjhmatii birthright by 
 the great charter, and cannot be taken away but by an authority 
 equal to that which eflablifhed it, that is, by ad of parliament ; 
 and therefore where an ad gives a fummary convidion before a 
 juftice of the peace, and inflids a punifliment upon fuch convic- 
 tion, fuch ftatute mufl be purfued both as to the convidion and 
 punifhment. And it feemeth incongruous, that a juliice of che 
 peace fhall have power to bind a man to the good behaviour, for 
 an offence which he himfelf hath no power to hear and determine ; 
 for that is, in effed, giving judgment, and awarding execution, 
 when it doth not, and cannot legally appear to him, that the per- 
 fon is guilty. 
 
 Tenthly, That therefore upon the whole it may be proper to 
 conclude, that the magiftrate in this article of the good behaviour, 
 cannot exercife too much caution and good advifement ; that in 
 matters which the law hath left indefinite, it is better to fall fhort 
 of, than to exceed his commiffion and authority ; that to bind a 
 man to the good behaviour upon the Itatiue for t-i-il fame in ge- 
 neral, may not always be with fafety ; not only becaufe upon an 
 adion brought it may be hard to prove fuch evil fame, but alfo 
 becaufe in fad it is not always true, for many a good man hath 
 been evil fpoken of: That altho' in fome cafes, a jiiilice of the 
 peace may have a difcretionary power (as Mr. Hanvkifis exprefleth 
 it), yet he mull remfmber withal, that it is a legal difcretion, as 
 Mr. Barlo^w terms it, in which in favour of liberty great tendernefs 
 is to be ufed ; or, as Lord Coke hath defined it, difcretion is a 
 knowledge or underftanding to difcern between truth and falfhood, 
 between right and wrong, between fhadows and fubllance, between 
 equity and colourable giofTes and pretences, and not to do according 
 to our wills and private atredions ; and iuch difcretion ought to be 
 limited and bounded with the rules of reaibn, law, a:id juftice. 
 5 Co. I GO. \oCq. 1 40. 
 
 //. For what it Jhall be forfeited. 
 
 I . This hath been handled in part as it fell in with the former 
 fedion: And agreeably to the dodrine th^re laid down, Mr. Dul- 
 ton fays, that he who is bound to the good behaviour ought to de- 
 mean himfelf well in his carriage and in his company, not doing 
 any thing which fhall be a caufe of breach of il.e peace, or to put 
 the people in fear, dread, or trouble ; and fo fh^! be intended of 
 
 I i 3 all 
 
486 ^mttv fo? tlje soon beljaiJtottr; 
 
 all things which concern the peace, but not in mifdoing of other 
 things which touch not the pence. Da/f. c. 122. 
 
 2. And Mr. Ha^'kir.s faith, It hath been laid down as a gene- 
 ral rule, that whatever will be a good caufe to bind a man to his 
 good behaviour, will forfeit a recognizance for it ; but this hath 
 lince been denied, and indeed feems by no means to be maintain- 
 able, becaufe the ftatute in ordering perfons of evil fame to be 
 bound in this manner, feems in many places chiefly to regard the 
 prevention of that mifchief which they may juftly be fufpefted to 
 be likely to do ; and in that refpefl requires them to fecure the 
 publick from that danger which may probably be apprehended 
 from their future behaviour, whether any a£iual crime can be 
 proved upon them or not ; and it would be e-xtremely hard in fuch 
 cafes to make perfons forfeit their recognizance, who yet may 
 juflly be compellable to give one, as thofe who keep fupicious com- 
 pany, or thoie who fpend much money idly, without having any 
 vifible means of getting it honeftly, or thofe who lie under a gene- 
 ral fufpicion of being rogues, and the like, i Hnv.-. 132, 133. 
 
 3 . However it feems that fuch a recognizance fhall not only be 
 forfeited for fuch adual breaches of the peace, for which a recog- 
 rizance for the peace may be forfeited, but alfo for fome others, 
 for which fuch a recognizance cannot be forfeited ; as for going 
 armed with great numbers, to the terror of the people, or fpeak- 
 ing words tending to fedition; and alfo for all fuch aftual mifteha- 
 viours v/hich are intended to be prevented by fuch a recognizance, 
 but ro* for barely giving caufe of fufpicion of what perhaps may 
 never aflually happen, i ^aw. 133, 
 
 Warrant for the peace, or good behaviour, in the 
 king's maiefty's name. 
 
 Weftmorland. y~N E O R G E /;^f fecond^ by the grace of god, of 
 
 VJ Great Britain, France, aud Ireland, king, de- 
 
 fender of the faith, and fo forth : To ovr Jhertff of the county of 
 
 Weflmorknd, to the covftable of the hundred of in the fnid 
 
 county, to the petty conjiables of the toijjn of /;/ the faid 
 
 count-i, and to all and Jingular our hai'iffs and other minifirs in the 
 faid county, as •vjell I'jithin liberties as ivithout, greeting. 
 
 For a [much as A. I. of iy? the faid county, yeoman, hath 
 
 perfonallv come before Sir George Dalfton, barontt, one of our ju~ 
 fiices ajjigncd to keep the peace ixithin the faid county, and hath taken 
 a cor peal oath, that he the faid A I. is afraid that A. O. of 
 ■ in the faid county, yeoman, ^tll beat \jwQund, maim, or 
 
 hiU'\ hijn the faid A. I. and hath theretvithal prayed /urety of the 
 peace againji him the faid A. O. [Or, if for the good behaviour, 
 
 > hath taken a cor per al oath, that A. O. of- in the 
 
 fnid county, xeoman. hath threatned to beat htm the faid h. \. or, to 
 burn the hoi fe of him the f.iid A\ I. and hath thrrev-ithal prayed 
 furcty of the good behaviour againfl him the faid A. O.] 'iherifore 
 li'e command and charge ycu, jointly and fet'eraUy, thnt immediately 
 Mp'jn the reciijit hereof ycu bring the fnid A. O. before the faid Sir 
 
 GeorgO 
 
S^ntttv* 487 
 
 George Dalfton, to find fu£:cient furety aJid mainpnfc, as nvell for 
 bis perfonal appearance at the next general quarter jfjjians of our 
 peace, to be hohhn at Appleby, or elff~jjhere, in and for tic faid 
 county, as alfo for our peace in the mean time to be kept tcnvards us 
 and all cur liege people, and chiefly tonvards the /aid A, I. that is to 
 fay, that he the faid A. O. Jk all not do, nor by any tneans procure or 
 caufe to be done, any of the faid e'vils, to any of our fiid ptople, and 
 
 efpecially to the faid A. I. [Or, if for the good behaviour, ■ 
 
 as alfo for his good behanjiour in the mean time, tonvards us and all 
 our liege people, and efpecially toivards him the faid A. I.] H'itnefs 
 the faid Sir George Dalfton at Smardale in the faid county, the 
 • day of in the year cf our reign. 
 
 If the juftice fhall think fit that he fhall be carried itrmediately 
 to gaol, for default of fureties, without being brought beibre him, 
 
 or any other juftice, this claufe may be inferted, ^iz. ■ and 
 
 efpecially forwards him the faid A. I. jind if he the faid A. O. 
 fjall refufe fo to do, that then immediately, I'.ithout expe8ing any 
 further luarrant, you himfafety con'vey, or caufe to be ffely corrvcy- 
 ed, to our common gaol in the faid county (or, to the houfe cj correc- 
 tion at — — ^ in the faid county f there to remain until he Jhall 
 ivillingly do the fame : So that he may be before our faid jufices at 
 the faid next general quarter fjfions of our peace, then and there to 
 anfdoer unto us for his contempt in this behalf. And fee that you 
 certify your doings in the premijfes, to our fuid juflices at the fluid fef- 
 fionSy bringing then thither this precept ijcith ycu. 
 
 Warrant for the peace, or good behaviour, in the 
 name of the juftice himfelf. 
 
 Wellmorland.OiR William Fleming, baronet, one of the juflices 
 
 ^ of our lord the king ofpgned to hep the peace 
 
 tvithin the faid county. To the flnrifl of the faid county, to tht 
 
 high conflable of in the faid county, to the petty conjlables of 
 
 ' in the faid county, and to all other the ?ni>iiflers and oflictrs 
 
 of our faid lord the king, ixnthin the faid county, and to eiiety of 
 them, greeting. 
 
 For a f much as A. T. of — in the faid county, yeoman, hath 
 
 perfonally come before me, and hath taken a corporal oath, that he 
 the fid A I. is afraid that A O. cf . . . iti the faid county, 
 yeoman, nvill beat him (luound, fnaim, kill, or do to him flome bo ■ 
 di'y hurt) and hath therefore prayed jurety of the peace agairifl him 
 the J'aid A. O. [Or, if for the good behaviour, That A. O. ofl 
 ■ in the faid county, yeoman, hath threatned to do fomc bodily 
 
 hurt to him the faid A . i . or, to burn the houfe cf hitn the fnjd 
 A. I. and hath therefore prayed fur ety of the good bihwciour againfi 
 him the faid A. O.] Thf are therefore on the behalf, and in the 
 name of our faid lord the king, to command you jointly and f -vera! y, 
 that immediately upon the receij't h r. ofl you bring the flaid A. O. be- 
 fore me, to find fur ety as ^ix ell for his perfonal cppearance at the next 
 general quarter ftffions cf the peace to be hddtn at Kirkby in Ken- 
 dale in and for the Jaid county, as alfo for his keiping th: peace [Or, 
 
 1 i 4 Jor 
 
8S ^tttetv- 
 
 for his being sf the good hehat'iour^ in the mean time tw^ardi the 
 kinor and all his liege people, and chiefly toiuards the faid A. L 
 
 Ci-ven under my feal at Ridsle in the faid county, the •— day of 
 
 .. in the year of the reign of our faid lard GeorgC 
 
 thefecond, of Great Britain, France, and Ireland, king. 
 
 Or the warrant may be direfled to any of thefe officers above- 
 named, particularly ; or to any other indifferent perfon or perfons, 
 as followeth : 
 
 Another warrant for the peace, or good behaviour. 
 
 W ft 1 J i To the conftables of the town of in 
 
 \ the faid county, and to either of thehi. 
 
 FORASMUCH as k.\. the ivife of B. I. of your faid 
 tonun, labourer, hath required fureties of the peace [6r, of 
 the good leha'vicur'\ before me Daniel Wilfon, efquire, one of the 
 jufices of our lord the king affgned to keep the peace iiithin the 
 /aid county, againjl A.O. of your faid tonun, butcher, and luithal 
 hath taken her corporal oath before me, that fl:e requireth the fame 
 not for any private malice, hatred, or evil mill, hut fimply that fhe 
 is afraid that he the faid A. O. ivill do to her fome bodily mifchief 
 [or as the cafe fhall be : And if it is for the good behaviour, then 
 add, ■ and that he the faid A. O. hath threatned to do fome bo- 
 
 dily mifchief to her the faid A. I. or to burn her boufts'\ Thefe are 
 therefore in the name of our faid lord the king to charge and cotn- 
 mand you, that immediately upon fight hereof, you or one of you do 
 bring the f^^ id A. O. before me to fnd fujfficient fureties, as nvell 
 for his perfonal appearance at the next general quarter feffions of the 
 peace to be holden in and for the faid county, as alfo that he the 
 faid A. O. fhall in the mean time keep the peace [Or, be of the 
 good beha'viour'\ as <TX)ell tonvards cur faid lord the king, as tonuards 
 all his Urge people, and efpecially t onwards the faid A.I. Dated 
 
 at Dallam Tower in the faid county, the day of ■ . 
 
 in the ■ year of the reign of our faid lord George the fecond, 
 
 of Great Britain, France, and Ireland, king, defender of thefaitby 
 atid fo forth. 
 
 Another warrant for the peace, or good behaviour. 
 
 ' Weftmorland. \ '^° '^^ *^°"^^^^^ °^ ^" '^^ ^"^^ 
 
 I county. 
 
 ORASMUCH ^j A. I. of aforefaid in the coun- 
 ty oforefaid, yeoman, hath perfonally come before me Thomas 
 Shepherd, eiquire, one of the jujiices of our lord the king affgned 
 to h. cp the fence tvithin the faid county, and hath token his corporal 
 oath, that A. O. cf——-—~ aforefaid in fhe county aforefaid, yeo- 
 man, hath affaulted, beaten, and nvcunded him the faid A. I. a?id 
 farther hath threatned him concernivg his body, infomuch that he the 
 faid A. T. is afraid that the faid A. O. n-uill beat, ivound, maim, 
 or kill him the faid A. I. cr do to him fome other bodily harm ; and 
 
 ihereujon 
 
thereupoH be the faid A. I. hath prayed fccuriiy of the peace ^ [or, 
 of the good behan)iour'\ to he had or granted to him againj} the faid 
 A. O. Thefe are therefore to require you in the name of our faid 
 lord the iingt immediately upon the fight hereof to bring the faid 
 A. O. before me, to find fuficient fureties for his perfonal appearance 
 at the next general quarter ffjions of the peace to be holder, in and 
 for the faid county^ then and there to anj^iver the premijjes, and in 
 the mean time that he the faid A. O. keep the peace, [or, f jail be 
 of the good beha-'viour,'] toixards cur faid lord the king, and all his 
 liege people, and efpecially tcivards the faid A. I. Gi-ven under ?ny 
 
 hand ajidfeal at Kirk by in Kendale in the faid comity, the 
 
 day of in the year of the reign of our faid lord 
 
 George the fecond, of Great Britain, France, and Ireland, king. 
 
 Note ; The warrants above fet forth, fo far as thejr concern the 
 good behaviour, are framed upon the claufe in the commiflion, 
 impowcring one juftice to bind to the good behaviour certain of- 
 fenders therein mentioned. Tlie following warrant for the good 
 behaviour limply, as contradiftir.guifhed from the peace, is formed 
 on theflatute of the i\id. 3. fo often abovementioned. 
 
 Warrant for the good behaviour, on the 34 £J. 3. 
 c. I . from Lambard and Dalton. 
 
 Weftmorland. 'ITTllliams Winder, efquire, and Richard Ho- 
 W neywood, efquire, jujiices of our lord the 
 king, afpgned to keep the peace 'within the faid count)', To the 
 f^erijf of the faid county^ to the conjiahle of the hundred of — — — . 
 in the faid county, to the petty confiables of the to^wn of' in 
 
 the faid county, and to all and fngular bailiffs, confiables, and 
 ether ofiicers of our faid lord the king, as <v:ell '-within liberties as 
 nvithout, in the fame county, greeting. 
 
 Forafnuch as ixje are gi'ven to underfiand, by the information, 
 tefiimony, and complaint of many credible perfons, that A. O. of 
 ' in the county af ore/aid, gentleman, and B. O. 0/" the fame, 
 
 yeoman, are not of good name and fame, nor of honefi con^verfation, 
 but enjil doers, rioters, barrator:, and difiurbers of the peace of our 
 faid lord the king, fo that murder, homicide, firifes, difcords, and 
 other grievances and damages among fi the lieges of our faid lord the 
 king concerning their bcdics are likely to arife thereby ; Therefore on 
 the behalf of our faid lord the king, ive command you, and e'very 
 of you, that you omit not by reafon of any liberty i':ithin the county 
 afore faid, but that you attach, or one of you do attach the afrefaid 
 A. O. and B. O. fo that you have them before us or others our fel- 
 lo^vs, jufiices of our faid lord the king affigned to keep the peact 
 ^within the county aforefaid, as foon as they can be taken [or, before 
 the jufiices of our faid lord the king, ajfigned to keep the peace 
 nvithin the county aforefaid, and alfo to hear and determine divert 
 felonies, trefpoffts, and other mif demeanors in the faid county com- 
 piitted, at the next general quarter fffions of the peace to be h.lden 
 in and for the faid county'^ to find then before us (or the faid jujiices) 
 
 fuffuicRt 
 
49^ ^tt tttp* 
 
 fvfftciimt furety and mainprife for their good hehai'iour tonx:ttrds our 
 fatd lord the king, and all his people, according to the form of the 
 fatute in fuch cafe made and pro'vided. And this ycu pall in no 
 nutfe omit, en the peril that fhall enfue thereon. And have you 
 before us, cr before the faid juftices {at the feffions aforcfaid] this 
 fr'ecept. Gi'Vin under our feals at Dufton in the county oforefaid, 
 
 the day of in the year of the rtign of our 
 
 Ja.id Icrd . 
 
 Recognizance for the peace or good behaviour. 
 
 ^ Wedmorland. T^ E // remembred, that on the dr.y of 
 
 X) ^" '^^ yfi^r of the reign of 
 
 cur lord George the fccond, of Great Britain, France, and Ire- 
 land, king, difender of the faith, and fo forth, A. O. of 
 in the county aforcfaid, yecman, A. S. of the fame place, ycrman, 
 end B. S. of the fame place, yeoman, came before me Thomas 
 Carleton, rfquire, one of the jufiices of our faid lord the king, of- 
 
 figncd to keep the peace 'vnthin the faid county, and rcknifAedged 
 themf elves to oxve to our faid lord the king, to ivit, the faid A. O. 
 the fan of 20 1. the faid A. S. the fum of 10 1. and the faid B. S. 
 the fum of \o\. of good and laivful money cf Great Britain, to be 
 TcfpcSli'vely made a-nd le-vied of their fveral goods and chattels, lands 
 and tenements, to the ufe of our faid lord the king, bis heirs and^ 
 
 fucceffors, if he the fud A. O. /hall fail in performing the condi- 
 tion indorftd [or undcnvrittcn'^. 
 
 Acknoii-ledged before me Thomas Carleton. 
 
 The condition of this recognizance is fuch, that if the loithin 
 houndcn [or, abcve bounden'] A. O. Jhall perfonally appear at the . 
 next general quarter fejfions of the peace to be holdi n in and for the 
 county aforifuid, to do and recei've 'what f:all then and there he in- 
 joined him by the court, and in the mean time fiall keep the peace^ 
 [or, be of the good beha'viour, or, Jhall keep the peace and be of the 
 pood heha'viour'] to^^ards the king and all his liege people, and ffpe- 
 
 cially tinvards A. I. of in the ftid cciinty, yeoman ; Ihtn 
 
 the faid recognizance fhall he 'void, or elfe remain in its fovce. 
 
 Mittimus for want of fureties, 
 
 _„ - 1 J ^ To the conftable of and to the keeper 
 
 Wenmorland. •{ , . , r j , ,„ 
 
 \ of in the laid Dounty. 
 
 WHEREAS A.O. of — ^ in the faid county, vroman, ■ 
 is nofj brought before me John DalOon, efquire, ohc of the 
 jufiices of our lord the king afjigned to keep th,: peace in and for the 
 faid county, requiring him to find fuficicntfurriies to he bowid ivitb 
 him m a recognixance for his perfonal appearance at the ntxt general 
 quarter fjjions of the peace to he holdtn in and for the faid (ounty, 
 and in the mean time to keep the peace [or, be of the good beha- 
 *vicur'\ tovjards cur faid lord the king, and all his liege people, and 
 efpecially toi^ards A, I. of in the faid county, yeoman ; utui 
 ^ ixhercas 
 


 A 
 
^tttetv. 491 
 
 nvhereas he the faid h. O. halh rcfufed and doth noi>j refufe before 
 me to find fuch fitreties : "Thefe are therefore in the name of cur faid 
 lord the king, to command you the faid conjlable, forthivith to coni-cy 
 the faid h. O. to the common gaol of our /aid lord the king [or, to 
 
 the houfe cf correct ion^ at — in the faid county, and to deliver 
 
 him to the keeper t hi reef there, together mcith this precept : And I do, 
 in the name of o-ur faid lord the king, hereby command vou the faid 
 keeper, to receive the faid A. O. into your cufody in the faid gaol 
 [or, houfe of corrcdion'\ end him there fafely to keep, until he Jhall 
 find fuch furcties as afore fid, Gi'ven under myhandandfeal, at 
 
 Acorn Bank in the fdd county, the dry of — in the 
 
 -^ year of the reign of our faid lord Geor^t the fecond of GxtiX. 
 
 Britain, France,- and Ireland, king. 
 
 The form of a fuperfedeas. 
 
 Weflmorland. TJ OGER Wilfon, efquire, me of the jufiices 
 JL^_ rf our lord the king, affigned to keep the peace 
 nxiithin the county aforefud. To the fherijf, bailiff, conftahles, and 
 other the faithful minifters and fuhjeSls of cur faid lord the king 
 'within the faid county, and to enjery of them, greeting. 
 
 Forafmuch as A. O. of • in the faid county, yeoman, hath 
 
 perfoiicilly come before me at Cafterton in the faid county, and hath 
 
 found fuficient furety, that is to fay, A. S. of yeoman^ 
 
 and B. S. of yeoman, either of the iKhich hath undertaken 
 
 for the faid h.. O. under the pain of 20 1, and he the faid A. O. 
 hath wider taken for hitnflf under the pain o/" 40I. that he the fiid 
 A. O. f^all perfonaliy appear at the next general quarter ft ffions of 
 the peace to be holden in and for the faid county, then and there tj 
 do and recei've nxjhnt Jhall be injoined him by the jaid court, anef 
 in the mean time Jhall avcll and truly keep the peace [or, be of the 
 good bchafiour^ towards our faid lord the king, and all his liege 
 
 people^ and efpecially to-ioards A. I. of 'yeoman ; Therefore 
 
 on the behalf of our faid lord the king I do command you, and every 
 of you, that you utterly forbear and furceafe to arrefi, take, im- 
 frijon, or other^voife by any means for the faid ccuf to violejl the 
 faid K. O, and if you ha've,for the faid occafon, and for none other^ 
 taken or imprijontd him the Jaid A. O. that then him you deli'ver^ 
 or caufe to be delivered and fet at liberty, moithoyit further delay. 
 Given at Carterton aforefaid, in the county aforefaid, under my 
 fral, this day of /;/ the — year of the reign 
 
 V 
 
 This fupcrfedeas may be alfo in the name of the 
 king, under the telle of the juftice, thus ; 
 
 GEORGE the fecond by the grace of god &c. To the ferijf 
 Sec. greeting : Forafmuch as A. O. hath come before Edwnrd 
 Wilfon, efquire, one of our jujlices offtgned to keep the peace vjithin 
 cur faid county, and hath found hz. We therefore command you ^ 
 md every of yeu, th.tt ye forbear 8ic. TJ^'itnefs the faid Edward 
 
 Wilfon 
 
492 ^UtttV' 
 
 Wiiron at Dallam Tower in the county afore/aid, the .. i. Jay 
 of in the '—year of our reign. 
 
 Relcafe of the furcty for the peace, or good 
 behaviour. 
 
 Weflmorland. TQ E it remetnhred, that on the day of 
 
 JD in the year of the 
 
 afcrefaid A. I. bath come before me the faid Fletcher Fleming, 
 efquire, and freely remifed and releafcd, as much as in him lieth, 
 the aforefaid fecurity of the peace [or, of the good beha'vior'] hy 
 him frayed before me againjl the abo'vinamed A. O, In ivitnefj 
 ivhereof I the faid Fletcher Fleming ha've hereunto fet my feal. 
 Given &c. 
 
 This is to be written under the recognizance ; and if the juftice 
 only fign, without fealing it, it is well enough, efpecially where 
 the recognizance is without feal. 
 
 Or, the releafe may be by it felf, thus : 
 
 Wellmorland. T) E it remcmbred, that A. I. of in the 
 
 _|3 f'^id county y yeoman, on the ______ day of 
 
 ■ in the ■ ' year of the reign of — came before 
 
 vie William Tatham, efquire, one of the jujlices of our lord the 
 king, afp.gmd to keep the peace icithin the faid county, at Afkham 
 in the faid county, and there remifed and freely re leafed to A. O. of 
 
 ' in the faid county, yeoman, the furety of the peace [or, 
 
 good beha^icu?-'] by him the faid A. I. before me prayed agairji the 
 fad A. O. Gi^-sn &c. 
 
 Or, if it is before another ju (lice, then fay, the furety 
 
 of the peace [or, good behaviour'^ ivhich he has againjl A. O. of 
 — in the faid county, yeoman. Given &c. 
 
 But note, that none of thefe releafes will difcharge the recog- 
 nizance, or the appearance of the party bound thereby ; bat that 
 he muft appear according to the condition of the recognizance, for 
 the fafeguard of his recognizance. 
 
 Liberate to difcharge one committed for want of 
 fureties. 
 
 Weflmorland. CI Tan wix Nevinfon, efquire, one nf the jujlices of 
 Ii3 '^f'-'" l^^'^ ^he king, ajjigned to keep the peace in 
 the county afcrejaid. To the keeper of his mojefifs gad at ■ ■ 
 tn the jaid county, greeting. 
 
 Torajmuch at A. O. in the pri/on of our faid lord the king, in 
 
 your cujlody mnx: being, at the juit of A. 1. of — ' in the jaid 
 
 county, yeotnan, for the n.vant of his finding fujficient fureties for 
 his perjonal appearance at the next general quarter fjfions of the 
 peace to he holJc.n in and for the faid county, and for his keepivg the 
 
 peace 
 
 \ 
 
^vomtinsi 493 
 
 peace [or, being of the good behanjiour^ iv the mean time, tonvarJs 
 our /aid lord the king, and all his liege people, and efpecially toivardt 
 the f aid h. I. hath found before me fufficient fureties, to ivit, A. S. 
 of- • yeoman, and B. S. of ——— yeoman, tithtr of ivhicb 
 hath undertaken for the /aid A. O. under the pain of 20 1. end he 
 the f aid A. O. hath undertaken for himfelf under the pain of 40 \. 
 that he the faid A,0. fhall andviill ferfonally appear at the next 
 general quarter fe£tom of the peace to be holden in and for thefaid 
 county, and f jail incll and truly keep the peace [or, be of the good be- 
 haviour'^ in the mean time, to^vards our f aid lord the ki>:g, and alt 
 his liege people, and efpecially tonuards the faid A. I. Therefore on 
 the behalf of our faid lord the king I do command you, that if the 
 faid A. O. do remain in the faid gaol, for the faid cauf, and for 
 i.one other, thcn^you forbear to grienje or detain him aiiy longer, but 
 that you deliver him thence, and fujfer him to go at large, and that, 
 upon the pain that i\:ill fall thereon. Given under my feal, at 
 Newby Hall in the faid county, the — — day of • in 
 
 the year of the reign of our faid lord George the feconJy 
 
 of Great Britain, France, and Ireland, king. 
 
 'Stirijeonsi. See pijpfician0, 
 
 •Snfpiciaiu See arccff, CTarrant^ 
 
 ^tunn0* See <^ame« 
 
 1. T3 Y' the canons of the church. If any ofFend their brethren Puni'^^nient m J 
 
 J3 by fvvearing, the churchwardens fhall prefent them ; and ' ^ P'^itual H! 
 
 fuch notorious offenders fhall not be admitted to the holy com- 
 munion, till they be reformed. Can. loq. 
 
 And by the ftatute of the 19 G, 2. c. 21. It is enaded as 
 follows : 
 
 2. If any perfon fhall profanely curfe or fwear, and be thereof Pecuniary pe- 
 convidled on confefiion, or oath of one witnefs, before one jaftice naJty* 
 (or mayor), he (hall forfeit as follows: That is to fay. 
 
 Every day labourer, common foldier or common feaman, i s. 
 
 Every other perfon, under the degree of a gentleman, 2 ;. 
 
 And every perfon of or above the degree of a gentleman, 5 s. 
 
 And for a fecond offeace after conviftion, double ; and for 
 every other offence after a fecond convidtion, treble. / i. 
 
 Which faid penalties (hdU go to the poor of the pariih where 
 the ofience was committed, f \o. 
 
 3. If fuch perfon fhall curfe or fwear in the prefence and Swearing in pre- 
 hearing of a juftice (or mayor); he Ihail convid him without 'eEceofajaftKcr. 
 other proof. / 2. j jij. 
 
 4. If in the prefence and hearing of a conflable, if he is un- In prefence 0/* j |f 
 kno'u;n to fuch conilabl*, the faid conflable ilaall feize and carry c9nfi»W«. j ;» 
 
 him t % 
 
494 
 
 ^tDtarj'tts. 
 
 In pre'ence of 
 any other. 
 
 penalty. 
 
 On not paying 
 tfce charges. 
 
 him forthwith before the next juftice (or mayor of a town ccrpo-* 
 rate), who fhall convict him upon the oath of fuch conftable ; 
 
 Jf he is kno-Mti to fuch conrtable, he fhall fpeedily make in- 
 formation before fome juftice (or mayor) in order that he may be 
 convidled. f. 3. 
 
 5. So that the conflable, if it is in his hearing, is required 
 to profccute j but any other perfon alio may profecute, if he 
 pleafes. 
 Commitn-.ent on 6. And fuch juftice (or mayor) fhall immediately on fuch in- 
 not paying the formation on the oath of any conrtable» or of any other perfon, 
 caufe the offender to appear before him ; and on proof of fuch 
 information, convid him : and if he Ihall not immediately pay 
 down the penalty, or give fecurity to the fatisfadtion of fuch ju- 
 ftice (or mayor) ; he may commit him to the houfc of correttion, 
 to be kept to hard labour for ten days. J. 4. 
 
 7. Alio the charges of the information and conviftion, (hall 
 be paid by the offender, if able, over and above the penalties ; 
 which charges fhall be afcertained by fuch jullice (or mayor). 
 
 But for the information, fummcns, and conviction, no more 
 fhall be paid to the juftice's clerk, than u. /. 15. 
 
 And if he fhall not immediately pay fuch charges, or give fe- 
 curity to the fatisfaclion of fuch juftice (or mayor) ; he may com- 
 mit him to the houfe of correction, to be kept to hard labour for 
 fix days, over and above fuch time for which he may be commit- 
 ted for non-payment of the penalties ; and in fuch cafe, no 
 charges of information and convidion fhall be paid by any perfon. 
 /. II. 
 
 8. But if fuch folcier or feaman fhall not fo pay or fecure the 
 penalty, and alfo the cofts of the information, fumnions, and 
 conviftion ; he fhall, inftead of being committed to the houfe of 
 corredtion, be ordered to be publickly fet in the ftocks for one 
 hour for every Angle offence, and for any number of offences 
 whereof he fhall be convicted at one and the fame time two 
 hours. /. 5. 
 
 9. The conviftion fhall be in the words and form following j 
 
 Be it retmmhred, that on the ■ day of .. . - in the 
 
 • year of his majefys riigVy A. B. if:as con-uidcd before me 
 
 Soldier or fea 
 man. 
 
 rorm of the 
 
 convidion. 
 
 (one of his majfjiy''s jujiices oj the peace for the county, riding, di- 
 n>ifion, or liberty aforefaid', or before me ■■ mayor of the 
 
 city or toijun of 'within the county of ) of fuuearing 
 
 one "or mare profane oath or oaths, or of curfing one or more profane 
 curfc or curfes. Given under my hand and feal the day and year 
 aforefaid. f. 8. 
 
 Certiorari. lo. Which conviclion fhall not be removed by certiorari. 
 
 . /9- 
 CoBviv'^ioB to be II. And the juftice (or mayor) fhall caufe the convidlion to be 
 
 ^itu. fairly wrote over upon parchment, and returned to the next ge- 
 
 neral or quarter feliions, to be filed by the clerk of the peace, and 
 k.c| t aynongtl the records^ /. t;. 
 
 iz. \i 
 
^rbeatins, 49 
 
 12. If any juflice (or mayor) fliall omit his duty, in the exc- Pena!tyon a 
 cution of this ad, he fhall forfeit 5 /. half to the poor where he -'"^"l^* omittiRg 
 fliall refide, and half to him that (hall fue in any court of le- " " ^' 
 cord. / 6. 
 
 13. Conftable omitting his duty, fhall on convidion, on oath Penalty on the 
 of one witnefs, before one juftice (or onayor), forfeit 40^. to be '^*'"'^*''^^* 
 levied by diftrefs, half to the informer, and half to the poor ; and 
 
 if he have not fufficient goods whereon to levy, fuch juftice (or 
 mayor) may commit him to the houfe of correflion, to be kept to 
 hard labour for one month. /. 7. 
 
 14. And this a"^ fhall be publickly read four times in the year, ^^ to be read 
 in all churches and chapels, by the minifter, immediately after '" ^^ church, 
 morning or evening prayer, on the Sundays next after Mar. 25. 
 
 yune 24. Srfi. 29. and Dec. 25. on pain of 5 /. for every offence, 
 to be levied by diftrefs, by warrant of a juftice (or mayor). / 14. 
 
 15. But no perfon fhall be profecuted for any offence againft Limitation of 
 this ad, unlefs it be within 8 days after the offence committed. ^^^°^^' 
 
 J. 13- 
 
 16. By the 22 G. 2. f. 33. Perfons belonging to his majefty's Nsvy, 
 fliips of war, guilty of profane oaths or curfes, fhall incur fuch 
 punifhment as a court martial fhall impofe. 
 
 Information. 
 
 WeftmorIand.''^T^HE information of A. I. of in the 
 
 J_ county aforefaid, yeoman, made on oath this 
 
 ■ day of' • in the year of the reign of 
 
 before me J. P. e/quire, one of his majcjiy s jujlices of the *>eace for 
 the f lid county : Who faith. 
 
 That on ' ■ the day of noi» lajl fa ft, at 
 
 ■ in the parifi) of in the county aforefaid, he heard 
 
 A. O. of in the f aid county, yeoman, faiear one profane oath 
 
 [or, curfe one profane curfe'\ in thefe nvords, to njcit, &c. 
 
 Summons. 
 Weflmorland \ To the conftable of 
 
 WHEREAS information hath this day been made before me 
 J. P. efquire, one of his majeftys juftices of the peace fr 
 
 the faid county, upon the oath of A. I. of yeoman, that en 
 
 ' the day of this prefent month of he heard 
 
 A. O. of in the faid county, yeotnan, at in the pa- 
 rip of in the faid county, fnvear one profane oath [o.*", 
 
 curfe one profane curft] Thffe are therefore to command you to c, ufe ' 
 the Jaid A. O. forthixiith to appear before me to anfu;er the ^re- 
 miffes, and to be further dealt msithal according to lazv. Given 
 
 under my hand and feal, at in the faid aunty, thi 
 
 day of in the year of — — 
 
 Commit- 
 
49^ 
 
 ^tDearfttff. 
 
 WeftniQrland. 
 
 Commitment. 
 
 To the conftable of in the faid county, 
 
 and to the keeper of the houfe of corrcftion at 
 ■ ia the faid county. 
 
 w 
 
 HERE AS A.O. of- 
 
 in the faid county, day la- 
 
 bourer ^ is and Jlandi con<viiled this day, before me ■ 
 
 one of his mojefiys jujiices of the peace for the faid county, of 
 fivearifig one profane oath, on the < day of this prrfcnt month 
 
 of at • • in the parifh of in the faid county ^ 
 
 nvhcreby he hath forfeited the fum of i s. to the poor of the faid 
 
 parifh of And wchereas the faid A. O. hath refufed and 
 
 doth refufe to pay dcivn the faid fum of \ %. for the ufe of the poor 
 afcrefaid, and alfo hath refufed, ana doth refufe to give fat isfaSlory 
 fecurity to pay the fame ; Thefe are therefore to require you the faid 
 confable to convey the faid A.O. to the houfe of correction at 
 • ' aforefaid, and to deliver him to the keeper thereof together 
 ivith this ^warrant : And I do hereby command you the faid keeper 
 to recive him the faid A.. O. into your cuflody in the faid houfe of 
 torreSiion, and there to detain and keep him to hard labour for tin 
 fpace of ten days. And for fo doing this fhall be your fuficient tuar- 
 rant. Given under my hand and feal at ■ in the faid coun- 
 ty, the — — — day of in the ■ year of the reign 
 
 of 
 
 If he alfo refufeth to pay the charges, thefe words may be 
 
 added fatisfaQory fecurity to pay the fame ; And ^vhereas 
 
 the faid A. O. hath likevuife refufed and doth refufe to pay the fum 
 ef \ s. ivhich I have fettled and afcertained as and for the charges 
 cf the proceedings againf him touching the premiffcs, and hath re- 
 fufed and deth refufe to give fatisfadory fecurity to pa^ the fume : 
 Thffe are therefore to require you — — — for the fpace cf 1 6 
 days 
 
 SUJCCtjJ* See CrciTe* 
 
 Cannccsf* See Lcatljcr* 
 
 -^eiplOliS* See 'Btlttcn.0> 
 
 %cn* See Crcife* 
 Ccnnnt See ©iffi-cfj^* 
 
 Cynmcij* 
 
I 
 
497 
 
 UrijaincS. 
 
 CONCERNING regulations of the navigation on the 
 river of Thames, the lame being not general, it (hall be 
 fuflicient only to mention the feveral adts touching the fame; ivx. 
 z& ■!,?.& M. c. lb. 2 G. 2. c. 26. 
 
 I y. f. 16. 4 G. 2. c. 24. 
 
 6 iif 7 M'. c. iS. 5 G. 2. f. 20. 
 
 I I y 12 //'. c. 21. 6 G. 2. f. 2g. 
 4 /^/?. f. I 3. 10 G. 2. <:. 31. 
 9 ^/7. r. 26. 24 G. 2. f. 8. 
 
 €6cft See Liirccnp* 
 
 djeftliotc* S' e fclon^ 
 
 Cijjcntninn:* See €uretp* 
 
 EVERY perfon ufing the occupation of making tile, fhall 
 make it good, feafonable, and fuflicient, and well whited 
 and anealed. And the earth whereof it fhall be made, (hall be 
 digged and call up before the firil of Ko'-jcml'er, and ftirred and 
 turned before the firft of February^ and not wrought before the 
 firft of March ; and before it be put to making of tile, (hall be 
 truly wrought and tried from Hones ; and the veins called nialin 
 or marie, and chalk, fhall be fevered from the earth whereof the 
 tile is made: And plain tile fhall be 10 ! inches long, 6 !; broad, 
 and half an inch and half a quarter thick; roof tile or crefstile, 
 13 inches long, half an inch and half a quarter thick, with con- 
 venient deepnefs ; gutter tile and cover tile, to \ inches long> 
 with convenient thicknefs, breadth and deepnefs. And if any 
 perfon fet to fale any tile made contrary to this ordinance, he 
 (hall forfeit to the buyer double value, and make line and ranfom 
 at the king's will. And every perfon that feeleth himfelf grieved, 
 and will fue, may have an action of debt againll: the olfender. 
 And the plaintiff in every fuch action may recover his coib. And 
 the juilices of the. peace, and every of them, may hear and de- 
 termine by their dilcretions, as well by examination as otherwife, 
 offences againft this ordinance, as well at the king's fuit as the 
 party's who (hall be grieved. And if it appear to the jullice?, 
 or any of them, that any perfon hath offended herein, then the 
 fame jullices iTiall affefs upon the offender no lefs (ine than for 
 every 1000 of plain tile 5 j. for every 100 of roof tile bs. 8rf» 
 for every 100 of corner tile or gutter tile 2J. And the faid 
 juftices may call before them perfons having knowledge in making 
 Vol.11. K k of 
 
498 %itl)t&. 
 
 of die, to fearch and examine the digging, turning, parting* 
 making, whiting, and anealing. And no perfon Ihall put to fale 
 any tile before it be fearched, on pain of forfeiting the fame. 
 And if the fearchers find any dcfdjlters, they Hiall prcfent them 
 at the next feflions ; which prefentment fhall be as efFcftnal as that 
 of I z men. And the fearcher (hall have of the tile maker for 
 his labour, for every looo plain tile fearched id. for every loo 
 roof tile an half penny, and for every ico of corner tile and 
 gutter tile a farthing. Searcher making default fhall forfeit los. 
 to the king : And the jullices may hear and determine the de- 
 faults of the fearchers, in like manner as of the tile makers. 
 17 £</. 4. c. 4. 
 
 €in» See Pelutcr* 
 
 J. Of fmall tithes due from any perfon. 
 
 11, Of great and fmall tithes and other church ratiS 
 
 and 'payments^ due from quakers oily. 
 TIL Of contempts for tithes in the fpiritual court. 
 
 T 
 
 / Of fmall tithes due from any ferfon. 
 
 H E books in general do confound the afts of the 7 £sr § 
 If. c. 6. concerning fmall titlies only, due from any per- 
 (bn whatfoever (whether quaker or not being no way material) ; 
 and the 7^8 H^. c. 34. and i G. Jl. 2. c. 6. concerning quakers 
 tithes only, great and fmall, and their other church dues. Never- 
 thelefs, the afts are intirely diflinft in themfelves, and the method 
 of proceeding in the one cafe and in the other is different in almofl 
 every inltance. I have therefore taken care to extricate them out 
 of this confufion, by inferting them feparately, and by drawing 
 diflindl forms upon each, according to the different methods of 
 proceeding. 
 
 Fbr what tithes. i. And firfl^, as to the fmall tithe a6l, 7^8 W. c.6. In 
 
 this cafe, the profecution muft be for fmall tithes only, or com- 
 pofitions for the fame ; or for offerings, oblations, or obventions : 
 and not otherwife. /. i . 
 
 And they rauft not amount to above 40 /. a year from any one 
 perfon. id. 
 
 And they muft have become due within two years next before 
 the complaint, f. 6. 
 
 And they muft not be in London, nor in any place where the 
 tithes are otherwife fettled by adl of parliament. / 5. 
 
 And they mufl not have been begun to be lued for in the ex- 
 •chequer, or ecclcfjailical court. / 14. 
 
 2 Of 
 
%it^t3* 499 
 
 2. Of thefe demand muft be firft be made. / i. Demand. 
 
 3. And if any perfon fhall fail in the payment of the fame, by Complaint, 
 the fpace of 20 days after fuch demand ; the perfon to whom the 
 
 fame (hall be due, may make complaint in writing to two juftices 
 of the peace, neither of whom is patron of the church or chapel^ 
 tjor interelted in the tithes. /. i . 
 
 H. 6 G. K. and Furnefs. Order for non-payment of fmall tithes 
 was quafhed, becaufe faid only upon complaint generally, and the 
 ftatute requires the complaint to be in nuriting. Str. zb\. 
 
 4. Whereupon the faid juftices (hall fummon in writing under Summoui, 
 their hands and feals, by reafonable warning, every perfon againil 
 
 whom fuch complaint (hall be made. / 2. 
 
 5. And after appearance, or default of appearance (the warn- Hearing, 
 ing or fummons being proved upon oath), the faid juftices fhall 
 proceed to hear and determine the complaint. / 2. 
 
 6. And if on hearing the fame, any perfon fhall infift on a Pleading % 
 prefcriptionj compoficion, modus decimandi, agreement, or title, ™odus. 
 whereby he ought to be freed from payment, and deliver the 
 
 fame in writing to the juftices, fubfcribed by him, and fhall then 
 give the party complaining lecuriry to the fatisfaftion ot theja- 
 Iticeo, to pay all fuch cofts and damages, as upon a trial ?x law 
 (hall be given againfc him ; in that cafe, the juliices (hall forbear 
 to give judgment, f. 8. 
 
 7. Other wife, they Ihall in writing under their hands and feals, Adjudicatiofljl 
 adjudge the cafe ; and give fuch compenfation, as they ftiall judge 
 
 to be juft and reafonable ; and alfo fuch cofts and charges, not ex- 
 ceeding 10^. as upon the merits of the caufe ihall appear juft. 
 
 Alfo they may give cofts, not exceeding 10 ^. to tne party prO' 
 fecuted, if they fhall find the complaint to be falfe and vexatious. 
 f 12. 
 
 8. Of which adjudication notice fhall be given to the party Demand, 
 complained of. / 3. 
 
 9. And if any perfon (hall refufe or negleft by the fpace of ten Diftrefs and f»Je, 
 days after fuch notit.e given, to pay or fatiify fuch fum adjudged ; 
 
 the conftables and churchwardens, or one of them, fhall by war- 
 rant under the hands and feals of the faid juftices, diftrain his goods, 
 and after detaining them three days (if the money, together witii 
 reafonable charges for making and detaining the diftrefs, be not 
 paid in the mean time) fhall publickly fell the fame, and pay to 
 the party complaining the fum adjudged, retaining to themfelves 
 fuch reafonable charges for making and keeping the diftrefs, as the 
 faid juftices ftiall think fit. /I 3. 
 
 But by the 27 G. 1. c. 20. The diftrefs fhall be detained not lefs 
 than four days, nor more than eight j and the officers may deduft 
 the charges not only of making and keeping the diftrefs, but alfo of 
 \\itfale : but then the juftices cannot by the faid aft of the 27 G. 2. 
 adjuft the quantum of the charges of /ale, as they may by this adl 
 the charges of making and keeping the diftrefs. 
 
 10. And if any perfon againft whom judgment fhall be ob- Diftrefs out »f 
 rained, ftiall remove out of the county before the fum fhall be ^« «'»*ntjf. 
 levied ; the juftices who made the judgment, or one of them, 
 
 ihall certify the fame under hand and feaJ, to any juftice of fuch 
 K k ;i other 
 
500 
 
 Appeal, 
 
 Certiertri. 
 
 Adjudication to 
 be recorded. 
 
 %\tl)CS. 
 
 For what tithes 
 amd dues. 
 
 Complaint. 
 
 Summons. 
 
 Healing 
 
 Acju.licaticn. 
 
 Diflrefs tni Me 
 
 Other county, who (liall by his warrant order the fame to be levied 
 in like manner. / lo. 
 
 11. Any perfon aggrieved by the judgment of the two juftices, 
 may apptal to the next lellions ; and if they confirm the judg- 
 ment, they fliall decree the fame by order of fefliors, and give 
 cods againll the appellant, to be levied by dillrefs, as to them ihall 
 feem jaft and reafonable. /. 7. 
 
 12. And no proceedings iierein fliall be removed by certiorari, 
 or othcrwife ; unlefs the title of fach tithes, oblations, or obveu- 
 tions fhall be in quetlion. /' 7. 
 
 13. finally, Every perfon who (hall obtain any judgment, or 
 againrt whom any fuch judgment fhall be obtained, fiiall canfe 
 the fame to be inrolled at the next ftlhuns ; for which the clerk of 
 the peace fhall have is. /. 9. 
 
 //. Of great or [mall tithes^ and other church rates 
 and payment s^i due from quakers only. 
 
 1. This is upon the afts of the 7 ^' 8 U'. c. 34. and i G. ft. 
 2. c. 6. — And the profecution in this cafe may be, for any tithes 
 or church rates, or any cullomary or other rights, dues, or pay- 
 ments belonging to any church or chapel, which of right by law 
 and cullom ought to be paid for the ll:iper.d or maintenance of 
 any miniller or curate ofHciating in any church or chapel. 
 
 Provided that the fame do not exceed the value of 10/. — 
 But no time is limited, within which the fame fliall become due. 
 
 2. And where any quaker fhall refufe to pay or compound fof 
 the fame, any parfon, vicar, curate, farmer, or proprietor of 
 fuch tithes, or any churchwarden or chapel warden, or other per- 
 fon who ought to have, receive, or colleft, any fuch tithes, rates, 
 dues, or payments, may make complaint to any two jullices, 
 other than f^uch as is patron of the church or chapel, or any way 
 interefted in the tithes. 
 
 Note ; here is no number of days limited, between the time 
 of rcfufal and the complaint j nor is it hereby required that fuch 
 complaint fliall be in writing. 
 
 3. Upon which complaint the faid juflices fhall fummon in 
 writing, under their liands and feals, by reafonable warning, fuch 
 quaker. 
 
 4. And after appearance, or on default of appearance (the 
 warning or fummons being proved before them upon oath), they 
 may proceed to examine on oath the truth of the complamt, and 
 to afcertain and ftate what is due and payable. 
 
 5. And by order under their hands and feals, they may direfl 
 and appoint the payment thereof; fo as the fum ordered (as is 
 aforefaid) do not exceed to/. And alfo fuch colts and charges, 
 as they fhall think reafonable, not exceeding lo.t. 
 
 6. And on refufal to pay, it fliall be lawful for any one of 
 the two next jutlicc', by warrant under his hand and feal, to 
 levy the fame by dillrefs and fale, rcndring the overplus, thft 
 ncceil'arv charo;cs of dillrainins being; thereout firft deducted and 
 allou ed by the f<tid jiiitices ; unlefs a be in the cafe of appeal, 
 
 3 ''■'^^ 
 
502 %itt^tS. 
 
 jnitted to the next gaol, till he fhall have found fufficient fureties 
 by recognizance or otherwife, to perform the faid definitive fea- 
 tence and judgment. / 4. 
 
 Complaint for fmall tithes •, on the 7 £5? 8 M^. c. 6. 
 
 TO J . P. and |C. P. efquires, tixjo of his ntetjeftys jujiices of 
 the peace in and for the county of A- 1- of 
 
 in the faid coupty, clerk, humbly complainethy 
 
 That he the faid complainant did by the fpace of 20 days and 
 upnjoards before the day of the date hereof, demand of A. O. of 
 
 ■ ■ " in the farijh of — in the county afjrefaid, yeoman, 
 
 the fmall tithes, offerings, oblations, and obi>entions, jujily become 
 due nvithin inxjo years non.u lt,fi paji, from him the [aid K.Q. unto 
 him the faid complainant, to the value of \\. and that he the 
 faid A. O. did upon the faid demand rcfufe, and doth yet refufe^ 
 to pay or compound for, and hath not paid or compounded for the 
 fame, or any part thereof : The faid complainant therefore prayeth 
 fuch redrefs in the premiffes, as to you fhall feem meet, and as ta 
 
 the laiv doth appertain. Signed the — — day of 1 — in the 
 
 year of . 
 
 A.I. 
 
 Summons for fmall tithes ; on the 7 £5? 8 ^. (.6, 
 Weftmorland. < To the conllable of r-. 
 
 WHEREAS complaint in tvriting hath been made unt% 
 us t'^Mo of his majejlf s jujlices of the peace for the 
 
 faid county, by A. I. of in the faid county, clerk, that 
 
 A. O. of in the parijh of ————— in the faid county, 
 
 yeoman, hath for above the fpace of 20 days before the time of the 
 faid complaint fo made unto us as aforefaid, refufed to compound 
 for, or to pay unto him the faid A. I. and hath not yet compounded 
 for, nor paid, the fmall tith s, offerings, oblations, and obventions^ 
 juflly due from him the faid A. O. to him the faid A.I, Thefe are 
 therefore to command you forthvjith, upon fight hereof, to fummort 
 
 the faid A. O. to appear before us at the houfe of — r in 
 
 - in the faid county, on Saturday the - day of this 
 
 prefent mo?ith of at the hour of- in the forenoon of 
 
 the fame day, to anfaver unto the faid complaint. Jind be you then 
 there to certify ivhat you fiall have done in the premiffts. Given 
 under our hands andfeals, at • in the faid county, the •• 
 
 day of ' in the ——year of 
 
 Order for payment of fmall tithes j on the 7 ^ 8 
 W. c. 6. 
 
 Weftmorland. "^TTHEREAS complaint in writing hath been 
 
 YY made unto us ■ • • tvL'o of his majf/i/s 
 
 jiijiices of the peace for the faid county, by A. I. vicar of tbe- 
 
 • ' ■ ■ • - ■ ■ p,injb 
 
 10 
 
%iti)t!S, s°z 
 
 jarijh of ' in the /aid courtly, that A. O. of ' ' in the 
 
 fai<) farifrj cf ■ in the county aforefaid, yeoman, did refufe 
 
 for the fpace of 20 days next before the time of the f aid complaint 
 JO made unto us as afortfaid, to pay or compound for his fmall tithes, 
 offerings, oblations, and ob-ventiCj-.s, arijing in the faid parijh of 
 
 ■ and due to him the faid A. I. Vfe therefore the faid 
 
 jufices, being neither of us patron of the parijh church of •< ^ 
 aforefaid, nor any ijoays interejied in any of the faid tithet, offer- 
 ings, oblations, or ob-ventions, hanging duly fummoned the faid A, O. 
 before us, and hai'ing duly examined the truth and jufice cf the 
 faid complaint upon oath, do fnd that there is juftly due from the 
 faid A.O. to the faid h.\. the f urn of \\. being the 'value of 
 the faid tithes, offerings, oblations, and obnientions, become due 
 vjithin t<ivo years lajl pajl ; and do therefore adjudge and order the 
 aforefaid A. O. to pay or caufe to be paid unto the faid A. I. the 
 aforefaid fum of 4 I. and alfo the fum cf lOS. for the cojis and 
 charges if the fciid A.I. in profecuting the faid A. O. for the 
 reco'very of his faid juji dues. Gi'ven under our hands and feals at 
 • in the faid county, the — — — day of • in the ■ 
 
 year of the reign cf • ■ ' -. 
 
 Diftrefs for fmall tithes ; on the 7 £s? 8 ^. f. 6. 
 
 J To the conftable of in the faid county, 
 ar.d to the churchwardens of the parifli o£ 
 
 I in the laid county, and to every of 
 
 (, them. 
 
 WHEREAS upon the complaint in ivriting of A. I. micar 
 of the parif:> of > < aforefaid, in the county aforefaid^ 
 
 A. O. of in the faid parijh in the county aforefaid, 
 
 yeoman, hath been duly fummoned to appear before us ■- t-wo 
 
 of his majefys jufiices oj the peace for the faid county, to be exa- 
 fnined for the non- paynunt of his fmall tithes, offerings, obJatior', 
 and obojcntioiis, due unto the faid A. I. Jnd ^whereas ive the faid 
 jujiices, being neither of us patron of the parijh church of ■ 
 
 aj'orejaid, nor ariy i\:oy inttrejled in any of the faid tithes, offer- 
 ings, oblations, or obventions, hwve duly examined the truth and 
 jujiice of the faid complaint, and hanje ordered him the faid A. O. 
 to pay unto the faid A.. I. the fum of \\. being the ^value of the 
 fmall tithes, o^erings, oblations, and obvoiticns become due from 
 him the faid AO. to him the faid A. \. luithin ti.\:o yca^s next 
 before the faid complaint fo made unto us as afurefdid, Jogcthor ixiith 
 the fum nf \o%. for the coJls and charges of the faid A. I. for the 
 reco-ucry cf his faid juJi dues ; making in the nvhole the fum of \\. 
 10 s. j4nd nuhereas it appear eth unto us th^' faid juJlices, that the 
 faid A.O. had due notice of our faid order for the fpace of ten 
 days and upn^ards before the day of the date hereof, but hath re- 
 fujcd to pay, and hnth not yet paid the faid fum of ^\. I OS. nor 
 any part thereof: 1 hrje are therefore to command you, jointly and 
 ffoerally, that you, or fomr, or one ef you, do forthivith dijlrain 
 the goods and chattel of the faid A. O. cvtd in cafe the faid Jum 
 
 K k 4 of 
 
504 XltljCfi* 
 
 o/" 4I. 10 S. together iv'ttb your reajonable charges */ tn.ding and 
 detaining the faid dijirefs, he vot paid or tendrtd to be paid by him 
 the /aid A.O. in [/our'] days next after juch dijirefs mad-, that 
 thai you do make public k Jale of the f aid goods and chattels fo di- 
 jirained as afore/ aid, and out of the money arifingfrom fuch fale, that 
 you pay or \aufe to be paid unto him the f aid A. I. the faid fum of 
 4 1. I O s. a7id thereout alfo deduSi and di tain your rcafonable charges 
 of making, keeping and felling the faid di fiefs ; and if any oi;erplus 
 Jiball remain, after fuch payment and di duel ion as aforefuid, that thtn 
 you do render the fame unto him the faid A. O. upon demand. Given 
 
 under our hands and feals at — . ■ ■ in the faid county, the 
 
 day of //; the year — — — — . 
 
 Summons of a quaker for tithes ; on the 7 Cy S JV. 
 c. 34. and J G. /. 2. c. 6. 
 
 Weftmorland. \ To the conftable of in the faid county. 
 
 AV 
 
 HE RE AS A.I. clerk, re Bar cf the pari/Jj church cf 
 
 in the faid county, hath complained unto us J. F. 
 
 end K. P. rfquires, tnvo of his majefly''s juficis of the peace fir 
 
 the faid county, thaf A. O. of in the parifh of — 
 
 aforefuid, in the county aforefaid, yeoman, being a pcrfon cc7nmcnly 
 called a quaker, hath rrfufd to pay unto him the faid h. \. or to 
 compound for the tithes, and other rights^ dues, and payments he- 
 longing to the church of — ^— — aforefaid, and juftly due to him the 
 faid A.I. from him the fiid A. O. Thefe are then fore to requtrt 
 you fort hii.-ith to fummon the faid A. O. to appear before us at the 
 
 hcufe of in in the faid county , en Saturday the 
 
 day of this prefent month of ——— at the heur of in the 
 
 forenoon cf the fame dcy, to anfi.ver unto the faid comjlaint. And 
 he you then there to certify <what you f jail hafve done in the preinijfes. 
 Giutn under our hands and feals at — in the fiid county, tie 
 • day of' in the year of the reign of- . 
 
 Order for quakers tithes i on the j ^ ZW. c. 34. 
 and I G. Jt- 2. C.6. 
 
 "Weftmorland. TT 7 HE RE AS complaint hath been made unto 
 
 W us /■zt'o of his majedy's jujiices of 
 
 the peace for the faid county, by A. I. vicar of the par if}} cf 
 
 in the faid county, that A. O. of the parifh of ■ aforefaid 
 
 in the county aforefaid, being a perfon commanly called a quaker, 
 hath refufid to pay to^ or to compound luith him the faid A. I. for 
 his tithes, and other rights, dues, and payments, belonging to the 
 
 church rf aforefaid, and jujily due unto him the faid A. J, 
 
 We therefore the Jaid jujiices, being neither of us patron ef the 
 parifh church of- aforefaid, nor any ivrtj interefied in any of 
 
 the faid tithes, rights, dues, ir other payments, having duly fum- 
 ffiotifd the faid A. 0. before us^ atf^ bavi^-g^ alfci ftuly Cfiayiivid the 
 
 V¥tk 
 
 I 
 
^ 
 
XitljcS. 505 
 
 truth of the faid complaint upon oath, do f.nd that there is jujily 
 due for the fnme from the faid A. O. to him the /aid A. 1. the 
 turn of 10 1. and do order and appoint the rforelaid A. O. to pay 
 or caufe to he paid unto him the fid A. I. the pfonfaid fum of 
 10 1'. And IV e do afs order and appoint the of or t faid A.O. to pay 
 or caufe to be paid unto him the faid A. I. the further fwn of 10 s. 
 forfuch cofiS and charges concerning the premijjis as upon the merits 
 ff the caufe do appear to us juft and rcafonahle. Gi'ven under cur 
 
 hands and feals at in the faid county, the day c f 
 
 in the -year of the reign of . 
 
 Plftreis for quakcrs tithes ; on the ^ l£ %W. c. 34, 
 and I G. ft. 1. c. 6. 
 
 Wellmorland. \ To the conftable of . 
 
 ^XT HERE AS upon the complaint of A. I. 'vicar of the 
 
 ' \l\ porrjh church of in the faid county, A. O. of • 
 
 in the parijh aforefaid, in the county aforrjaid, yeoman, being a 
 perjon commonly called a quaker, hath been duly fummoncd to appear 
 btfore].V. andY^.Y . ejqiiire;, tvjo of his majifys jufices of the 
 peace in and for the faid county, to be examined for non-payment of 
 his tithes, and other rights, dues, and payments, belonging to the 
 
 church of • aforefaid, and due unto him the faid A. I. from 
 
 him the faid A.O. And n.d.Hreas the Jaid juficcs, upon exami- 
 nation thereof ho.'ve ordered him the fiid A. O. by ivriting under 
 their hands and feals, to pay unto the faid A. I. the fum cf \o\, 
 for fuch his tithes, and other rights, dues, and payments as afore- 
 faid, and moreo'ver the fum of lO s. for the charges of him the 
 faid A. I. in rcccvcring the Jame, making in the ^juhole the fum 
 of \o\. 10 s. And <v:hereas it appear tth unto me J. P. efquire, 
 being one of the faid jufices, and alfo being one of the t^Kio next 
 jufiices to the parijh church of aforefaid, in the county afore- 
 faid, not being patron of the faid church, nor aTiy ijvay interefied 
 in any of the faid tithes, or other rights, dues, or payments, that 
 the faid A.O. hath had due notice of the faid order, but hath 
 refufcd, and doth refufe to pay, and hath 7iot paid, the faid fun of 
 jol. I OS. nor any part thereof : Thef are therefore to authori^ze 
 and cominand you, that you do forth'vsith levy the aforefaid fum of 
 10 1. I OS. by diflrefs and file cf the goods and, chattels of him the 
 faid A O and out of the money ar if ng from fuch f ale, that you do 
 pay or caufe to be paid unto him the faid A. I. the faid fum of \o\. 
 JOS. and thereout alfo deiuil your neceffary changes of diflraini7ig. 
 Ahd if any o'verplus fhall remain, after fuch poyment and dedudion 
 as efofijaid, that you do render the fume unto him the faid A. O. 
 Given undtr my h.und and fal at • in the faid county, the 
 
 «— day cf in the year of the reign of . 
 
 Ccbncco. 
 
5o6 
 
 Concerning the exporting cf tobacco pipe clay,, 
 
 See SdiooHen ©amifaSuce* 
 
 Planting to- t. "f^T O perfon fliall plant any tobacco ; on pam of forfeit- 
 bacco. X^ i"g ^^s fame, or the value thereof, or 40 .'. for every 
 
 rod or pole of ground planted with it, half to the king, and half 
 to hinn that fliall fue in any court of record. 1 2 C. 2. r . 34. /. i . 
 And befides the faid penalty, he ftall moreover forfeit 10/. for 
 every rod or pole ; one third to the king, one third to the poor, 
 and one third to him that fhall fue 'in like manner, 15 C. 2. c. 7. 
 
 And by the faid a6i of the 15 C. 2. f. 7. (which by the 5 G. 
 e. II. is continued along with the act of tonnage and poundage 
 of the 12 C: 2. f . 4 ) the juftices fliall a month before every fef- 
 fions, iflue their warrants to all high and petty conftables, to fearch 
 what tobacco is planted, cured, or made, and by whom ; and to 
 make prefentment in writing on oath at the next feflions, of the 
 names of fuch perfons as have planted, cared, or made any to- 
 bacco, and v.hat quantity of land is or was planted, and v/ho are 
 the tenants or occupiers thereof (who fliall aMo be deemed the 
 planters). / 2. 
 
 Which prefgitment fliall be filed by the clerk of the peace in 
 open feflions ; and after fuch filing, fliall be a fufficient conviftion 
 in law cf the perfons prefented, unlefs fuch perfon prefented 
 (having notice given to him of the prefentment by delivery of a 
 copy thereof to him, or leaving fuch copy at his ufual place of 
 abode in the prefence of one witnefs, ten days before the next 
 quarter feffions) Ihall at the next feflions after fuch notice, traverfe 
 the prefentment, and find fureties for profecuting and trying fuch 
 traverfe at the quarter feffions next after fuch traverfe enued or 
 made. /. 3. 
 
 And all conftables, bailiffs, and other publick officers, fliall 
 within 14 days after warrant from two juflices, callmg to their 
 afliftance whom they fliall find neceuary, pluck up, burn, confume, 
 tear in pieces, and utterly deftroy all tobacco feed, plant, and leaf 
 planted, fowed, or growing in any field or ground. / 4. 
 
 And if any tobacco fliall be fufFered to grow, or be confumed 
 in feed, plant, or leaf, by the fpace of 1 4 days after receipt of 
 fuch warrant by the faid conttables or other officers ; they fliall 
 for every offence forfeit 5 /. for every rod, perch, or pole of 
 ground planted with tobacco, and fo proportiona ly for a greater 
 or lefler quantity, half to' the king, and half to him that fliall fue. 
 
 .And if any fliall refufe or negleft to afiift the ccnilable, he 
 fliall on convidion before two juftices, forfeit 5 j. to be levied 
 by warrant of the faid juftices by diftrefs j d,ud if no diflrefs 
 
 caa 
 
%OMttO. 507 
 
 jcan be found, to be committed to the comnion gaol for one week. 
 
 /.6. 
 
 And if any perfon Ihall refift the conftable or other perfon in. 
 the due execution hereof, he fhall, on convirtion before two ju- 
 ftxes, forfeit 5 /. by warrant of the faid juftices by diftrefs ; and. 
 if no diftrefs can be found, to be tommitted to the common gaot 
 for three months. /. 7. 
 
 But nothing herein (hall hinder planting the fame in gardens for 
 jjhyfick or chirurgery, fo as the quantity planted exceed not half 
 3 pole of ground. 12 C. 2. c. 34. / 4. 22i^ 2^ C,z, c. z6, 
 
 r.g. 
 
 2. Every perfon who fh^U cut any walnut, hop, {ycomore, or Adulterating to- 
 other leaves, or any other herbs, plants, or materials (not being ^^^^° ^'^ ^'^* 
 tobacco leaves or plants), or Ihall colour or cure any fuch, to- 
 
 make the fame refemble tobacco ; or fhall fell the fame mixed or 
 unmixed for tobacco, — (hall forfeit ^ s. a. pound, half to the king, 
 (charges of the profecution firft deducted) and half with full cofts 
 to him who fhall fue. i G. fi. 2. c. 46. / 1. 
 
 And every perlbn who Ihall make, mix, or colour any fnufF, 
 with oker, umber, or other colouring, except water tinged with 
 Venetian red only ; or (hall mix with fnufF, any fuftick or yellow 
 ebony, touchwood, or other wood, or any dipt, fand, or fmall 
 tobacco fifted from tobacco, — fhall forfeit the fame, and 3 /. for 
 every pound weight, half to the king, and half to him that (hall 
 fue I G. Jl. 2. c. 46. / 7. 5 G. f. 1 1. /. 22, 
 
 And all fuch leaves and other materials, and all engines, uten- 
 fils, and tools for working the fame, may be fearched for anii 
 feized, by warrant of three commifEoners of the treafury or of 
 the cufloms. \ G. jl. z. c. 46. / 3. 
 
 But no houfe or warehoufe (hall be opened to fearch for or feize 
 the fame, but at feafonable hours, and not without a fpecial war- 
 rant from two juftices of the peace, f. 4. 
 
 And the faid materials or engines found and feized within fix 
 miles of any port, (hall be brought to the next cuftomhoufe ware- 
 houfe ; and if at a greater diftance from any port, fhall be fecu- 
 red by order of two juftices at the king's charge, till the caufe of 
 fuch feizure fhall be determined at the next, or at fartheft the fe-, 
 cond quarter feffions after feizure; and the fame, after condem- ■ 
 jiation or recovery by judgment of fuch fefHons, fhall be openly 
 burned or deftroyed by order of the fame, at his majefty's charge. 
 
 And any fcrvant employed in manufafturing or felling fuch 
 leaves or materials, fhali on convidtion before two juftices, by oath 
 of one witnefs, be committed to the common gaol or houfe of 
 correction, to be kept to hard labour nqt exceeding fix months. 
 
 / 5- 
 
 3. By the 24 G. 2. c. 41. and the 26 G. 2. c, 13. No tobacco, Carrying totaceo 
 or ftalks, excee;!ing 24/^. weight, nor any fnufF exceedir.g 10/^. or fnuff bjland, 
 fhall be conveyed by land ; unlefs, if it is unmaKufaSfured tobacco^ 
 
 a certificate be firft had from the ofHcers at the port of importation, 
 together with the importer'?, oath thereto, thif the duties were paid 
 pr jTecured at the importation, and when^ and in what vefTel it wa» 
 
 importecl j 
 
5o8 Xobticco* 
 
 imported ; and if the perfon applying for the certificate be a pur, 
 chofcr from the mporter, then on his oath, attefling the marks and 
 numbers of the identical hogiheads purchafed, or out of which 
 the tobacco was taken, and from whom purchafed, and when » 
 and if he be a fecond purchafer, then on his oath in like manner, 
 provided that if it is an entire hogfhead, the name of the feller 
 may be omitted in fuch certificate. 
 
 And if it is tobacco fialks or fnuff^, or other vimmfadured tobacco, 
 then not without a certificate and oath of the importer being firft 
 had, that fuch ftalks were ftripped, or fnuff or other manufactured 
 tobacco was made from one or more hogflicads, for whicli the du- 
 ties were paid or fecured at the importation ; and if the perfon 
 applying for the certificate be a purchafer, he fliall make oatii that 
 fuch ftalks were ftripped, or fuch fnuff or other manufactured to- 
 bacco was made from one or more hogiheads, which had been 
 delivered and received according to the diredions of the faid adt 
 of the 24 G. 2. 
 
 And before any fuch tobacco, or ftalks, or fnuff, ihall be re- 
 moved by land, the proprietor or his agent fhall infert on the back 
 of the certificate, the package, with the marks and number- fet 
 thereon, and the weight of each fpecies of goods contained in 
 each package, and the place from whence, and to which they are 
 to be carried, and by whom, or the inn from whence, and to 
 whom conligned ; and ftiall fubfcribe his name, and make oath to 
 the truth thereof; and the certificate fiiall exprefs the number of 
 days it fhall continue in force, and fhall accompany the goods; 
 and upon its arrival, the owner of the goods fhall deliver it to the 
 chief officer of the cuftoms; and if there be none fuch, then to 
 the officers of excife, who fhall examine the fame with the goods, 
 and if they agree, the goods may be taken away by the owner, 
 and the officer fhall thereupon enter fuch certificate in a book for 
 that purpofe, and tranfmit an account thereof to the officer ap- 
 pointed by the treafury for keeping fuch accounts. 
 
 And if any tobacco, or ftalks, exceeding z\lb. or fnuff ex- 
 ceeding I o Ih. (hall be found removing by land from the port of 
 importation, without having one or otner of the certificates before 
 direfted ; the fame, together with the packages, horfes, and car- 
 riages fhall be forfeited ; and tiie carrier fhall befides be commit- 
 ted to the county gaol for one month by one juftice where the of- 
 fpnce fhall be committed, or the ofI"ender fhall be found. 
 
 And any officer of the cuftoms or excife may feize the fame, 
 and profecute ; and the proof that the fame had been removed 
 with a proper certificate, and that the duties had been paid or fe- 
 cured, fliall be on the claimer, and not on the officer. 
 
 And no tobacco or ftalks exceeding 24/1^. nor fnuff" exceeding 
 \olb. which ftiall have hctn avricd ccajiicf, from the port of 
 importation to any other place, fliall be removed from thence by 
 land, without a certificate from the officers of the port to which 
 they were carried coaftwife, that it appears to them by the entries 
 of the certificates in their books which came with the goods from 
 the place of importation, that the daties were paid, ard alio in 
 what veilel they were brought, and when, and alio that the per- 
 
I 
 
fon applying to them for the fame, had made oath to the truth 
 thereof; and before fuch goods fhall be removed by land, the 
 proprietor or his agent fliall infert on the back of the certificate* 
 the names of each package, with the marks and numbers thereon, 
 and the weight of each fpccies in each package, and the place 
 from and to which they are to be carried, and the name of the 
 perfon to whom fent, and fliall fubfcribe his name, and make oath 
 to the truth thereof : And if any fuch goods ihall be found remo- 
 ving without fuch certificate, or if it appear that fuch certificate 
 is forged ; the goods, package, liorfes, and carriages fliall be for- 
 feited, and the carrier fnall alfo forfeit lo/. and be committed to 
 the county gaol for one month, by one juftice where the offence 
 fhall be committed, or the offender fliall be found, f. zz. 
 
 And no tobacco or ftalks exceeding 24 lb. nor fnuff exceeding 
 I o lb. fliall be conveyed by land, unlefs the package be marked 
 on the outfide, with the refpeftive words tobacco, tobacco fialksf 
 or fnuff, in letters not lefs than three inches in length ; on pain of 
 forfeiture of the fame, with the package, and i s. a pound to be 
 paid by the owner. / 23. 
 
 The faid penalties to be half to the king, and half to him that 
 fliall fue in any of the courts at M'ejimitijier. / 33- 
 
 €oIL See C59illei\ 
 
 I . 'TP*' H E flieriff 's torn is the king's court of record, holden Torn, wh*t. 
 
 J[ before the flieriff, for redrefhng of common grievances 
 within the county. 2 Haiv. 55. 
 
 2. And forafmuch as the flieriff did go in circuit twice every Meaning of the 
 year, throughout every hundred within the county, it was called word. 
 
 tour, or tourn, which fignifieth a circuit or perambulation. 
 2 /«/?. 70. 
 
 3. By the 31 Ed. 3. J}, i. c. 15. The flieriff fhall make his When to be 
 turn yearly, once within a month after Eajler, and another time l^o^^en. 
 within a month after Michaelmas ; and if he holds it in other 
 manner, he fliall lofe his turn for the time ; that is, the court fo 
 
 holden for that time fhall be void, and the fheriff fhall lofe the 
 profits thereof 2 hji. 7 1 . 
 
 And he fliall keep his turn no where but in due place and 
 accuftomed. 9 //. 3. c. 35. 
 
 4. Peers, clergymen, and tenants in ancient demefne, are Who are to ap- 
 privileged from appearing at the torn. 52 H. 3. c. i o. P^^"" '""^ '^^"'^^"' 
 2 Haiv. 57. 
 
 Alfo they that have hundreds of their own fhall not be bound 
 to appear at the turn, but in the bailiwicks where they be dwel- 
 ling. 52 H. 3. c. 10. 
 
 But all other perfons, being above the age of 1 2 years, are 
 bound to attend at fuch courts, in order to make inquiry of all 
 
 common 
 
510 
 
 %oin. 
 
 Jurors io the 
 torn. 
 
 common grievanc«, and alfo to give fecurity to the publick for 
 their good behaviour, by taking an oath to be faithful to the king^ 
 and to obferve his laws, and alfo by incorporating themfclves into 
 feme free pledge or tithing, which formerly fignified a certain 
 number of families living together in the fame precintt, the ma- 
 fters whereof were every one of them mutually bound for each 
 other, and punilliable~for the default of any member of any fuch 
 family, in not appearing to anfwei^for himfclf on any accufation 
 made againft him. 2 Haiv. 5;- 
 
 5. No bailiff, or other oHicer, fhall return or impsnel any per- 
 fon upon an inq-ifition in the torn, but fuch as be of good namd 
 and fame, and hr.ve zos. a year freehold within the (hire, or 
 26s. 8^. cuilomary or copyhold; on pain of 40J. and the flieriff 
 Other 40 i. half to the king, and half to him that will fue : and 
 an indidlment otherwife taken (hall be void. 1 K. 3. c. 4. 
 
 But if the party except not to it upon his arraignment, he is 
 concluded by that omiffion. 2 H. H. 70. 
 
 And the jury fliall put their feals to their inquifitions. i 3 Ed. r. 
 
 6. And indiftments in the torn fnall be by roll indented, one 
 part to remain with the indiftor;, and the other with him that 
 taketh the inqueft. 1 Ed. 3. .-. 17. 
 
 Dlftrefs and fale. 7. It feems to be fettled at this day, that a diftrefs is incident 
 of common right to every fine and amercement in the torn ; and 
 that the offender's goods may be diflrained in any lands within the 
 precind of the court, or in the highway ; and that the goods di- 
 flrained may be fold. But the bailiff muft have a fpecial warrant 
 to make diftrefs. 2 HaiL\ 60, 61. 
 
 Or the fine may be recovered by aftion of debt. 2 Haiv. 61. 
 
 Within what 8. But no offence h cognizable in the torn, unlefs it arife fjncc 
 
 time offences are jj^g holding of the laft COUrt, 2 Ha-iv. 66. 
 
 9. It feems to be agreed, that a prefentment in the torn, of 
 
 Indiflments to 
 
 be indented. 
 
 cognizable in the 
 
 Traverfe. a"y offence within the jurifdiftion of the court, being neither ca- 
 
 pital, nor concerning any freehold, fubjefts the party to a fine of 
 amerciament, without any '.rsverfe. z Ha-w. "i. 
 
 Indiament to be 'O- ^Y ihc nagia charta, c. 17. The ilierifr' is retrained in 
 
 certified to the his tom, from hearing and determining indictments of felonies ; 
 
 feflVons. yet the fheriffs did commonly make out procefs or precepts in na- 
 
 ture o^ capias to arrell; the parties; but by the i Ed. 4. c. 2. theii* 
 power of making out procefs upon thefe indi^unents is taken away, 
 as well in cafes of indictments of felony as other mifdemeanors 
 within their cognizance, but they are to deliver all fuch indict- 
 ments and prefentmenfs to tlie next feffnns, who are to make out 
 proceis thereupon, and hear and deiermine them, a H. H. 71. 
 
 And the eftreats of the tit.ti thereupon fli:.il be inroUed, and by 
 indenture be delivered to the fliefifF, to the ufe of him that was 
 fheriff at the time of the indiflmeat ib taken in the tern as afore- 
 faid. I Ea. 4. c. 2. 
 
 Conftables cho- 1 1 . The conftables oS common right nre to be chofen aati 
 
 fea m the torn, fyyoj-^ j^ ^1,^. ^r,i^ g^ l^et: z Hav. . 6z. 
 
 1^1-atief, 
 
I 
 
511 
 
 'Ccatse^. See apprentices* 
 
 I. TTTHEREany perfon fliall be convifled of grand or petit For felonies 
 
 V V larceny, or any felonious ftealingor taking of money of within cleigy, 
 goods, within the benefit of clergy, and liable only to burning in 
 the hand or whipping (except perfons conviiSled for receiving or 
 buying ftolen goods, knowing them to be ftolen) the court before 
 whom he fhall be convidlcd, or any fubfequent court held with like 
 authority, inftead of ordering him to be burnt in the hand or whipt, 
 may order him to be (ent as foon as conveniently may be, to fomC 
 of his majeily's plantations in America^ for feven years ; and {hall 
 have power to convey, transfer, and make over fuch offender, by 
 order of court, to the ufe of any perfon who fhall contraft for the 
 performance of fuch tranfportation, to him and his afiigns, for fe- 
 ven years. 4 G. r. ii. / i, 6 G. r. 23. / l. 
 
 2. And v/here any offender (liall be convifted of any crime. For felonies 
 for which he is excluded the benefit of clergy, and the king fhall without benefit 
 be pleafed to extend mercy to him, on condition of tranfportation ° *^ ^''^^' 
 
 to any part of America, and fuch intention of mercy be fignified 
 by a principal fecretary of flate, it (hail be lawful for any court 
 having proper authority, to allow fuch offender the benefit of a 
 pardon under the great feal, and to order the like transfer and 
 conveyance, to any perfon (who will contraft for the performance 
 of fuch tranfportation) and to his affigns, of fuch offender, as alfo 
 of any perfon convifted of receiving or buying ftolen goods know- 
 ing them to be flolen, for the term of 14 years, in cafe fuch condi- 
 tion of tranfportation be general, or elfe for fuch other term as 
 (hall be made part of fuch condition. 4 G. r . 1 1 . /, i . 
 
 3. Every fuch perfon, to whom any fuch conrt (hall order the Contraft for 
 offender to be transferred or conveyed, before he fhall be delivered tranfportatioar 
 over to him or his affigns to be tranfported, fhall contraft with fuch 
 
 perfon as fhall be ordered by the court, and give fufHcient fecurity 
 to the fatisfaftioii of fuch court, that he will tranfport, or caufe 
 to be tranfported efFeftually, fuch offender, to fuch of his ma- 
 jefly's plantations in America as fhall be ordered by the court, and 
 procure an authentic certificate from the governor, or the chief 
 cullom houfe oflicer of the place (which they fhall give without 
 fee) of the landing of fuch offender (death and cafualties of the 
 fea excepted), and that the faid offender fhall not be fuffered to 
 return from the faid place to any part of Great Britain or Ireland, 
 by the wilful default of fuch perfon fo contrading, or of his af- 
 figns, 4G. f. II. / 3. ^ 
 
 4. The court may appoint, if they think fit, two or more ju- Perfons impow- 
 dices where the offender fhall be convifled, who fhall have power "s** " concraft, 
 to contract with any perfon for performance of the tranfportation ; 
 
 acd may order the like ftcurity, and caufe the felons to be deli- 
 3 vered 
 
5^2 
 
 Xranfpojtflti'ott; 
 
 Band for tranf- 
 portaaon. 
 
 Conveying to the 
 porCi 
 
 Charges of tranf- 
 poitation. 
 
 Efcaplng from 
 on {hipboard. 
 
 Pcrfons tranf- 
 porting them- 
 (elves volunta- 
 rily. 
 
 RptDriiing from 
 traulpoi cation. 
 
 vered by the gaoler to the perfon contraf^ing, or his afllgns ; which 
 contracts and fecurity fhall be certified by the juftices who fliall 
 make and take the fame, to the next court held with like autho- 
 rity for the place where the ftlon was convided, to be filed and 
 kept amongfl; the records of fuch court. 6 (!. c. 2-;. /. z. 
 
 5. And all fecurities for tranfportation flmll be by bond in the 
 name of the clerk of the peace, who fliall (by fuch fuit as the 
 juftices in feflions fhall direcfl) profecute fuch bond in his own name, 
 and be paid fuch cofts as he fliall fuliain in fuch fuit for the penalty 
 of fuch bond, or otherwife howfoever by reafon thereof, out of 
 the publick ftock by the treafurer ; and all^ money recovered on 
 fuch bond, fhall be to the ufe of the county or place, and be paid 
 to the treafurer, and be part of the publick Hock, b G. c. 23. 
 
 6. The perfon fo contrading, and to whom any felon fliall be 
 delivered to be tranfported, or any perfon diredled by the faid ju- 
 ftices (impowered to contract as aforefaid), or their afTigns, may 
 in fuch manner as they think fit, carry and fccure the felon, in and 
 thro' any county, toward the fea port ; and if any perfon fhall 
 refcue fuch felon, or alTift him in efcaping, he fliall be guilty of 
 felony without benefit of clergy. 6 C r. 23. /". 5. 
 
 7. All charges in and about making the contratHs, taking fe- 
 curities, and conveying of felons in order to be tranfported, fliall 
 be born by the county or place for which the court was held ; and 
 the treafurer fliall, by order of the juftices in feflions, pay the 
 fame to fuch perfons as fliall be employed for the purpofes afore- 
 faid. 6 G. c. 23. / 3. 
 
 8. If any perfon fhall afllfl any felon to attempt his efcape, 
 from any boat or vefiTel carrying felons for tranfportation, he fhall 
 (being profecutcd within a year) be guilty of felony, and tranf- 
 ported for feven years. 16 G. 2. f. 31. /! 3, 4. 
 
 9. Where any perfon of the age of 15, and under 21, fliall 
 be willing to be tranfported, and to enter into any fervice in any 
 of his majefty's plantations in America, it fhall be lawful for any 
 merchant or other, to contract with him for fuch fervice, not 
 exceeding eight years ; provided fuch perfon come before the lord 
 mayor or a juftice of tiie peace, if the controict be in Londc?iy or 
 before two julHces if elfewhere, and before him or them acknow- 
 ledge fuch confent, and fign the contracl: in his or their prefence, 
 and with his or their approbation. And then ic fliall be lawful for 
 fuch merchant or other, to tranfport fuch perfon, and keep hira 
 according to the contrafl : Which faid contraft, and approbation 
 of fuch magiilrate or magiftrates, with the tenor of fuch contrai^l, 
 fhall be certified by fuch magiilrate or magiilrates to the next (d- 
 fions, to be regiflj-ed by the clerk of the peace without fee. 4 G. 
 c. lu f. 5. 
 
 10. And if any offender fo ordered to be tranfported, fhall re- 
 turn into Great Britain or Ir,land, before the end of his term, he 
 fhall be liable to be punifhed as a perfon attainted of felony with- 
 out benefit of clergy, and execution Ihall be avvaidcd againfl: bitn 
 accordingly. 40'. c. \\. f. z. 
 
 II. And 
 
%vmtpomt(on. 513 
 
 ti. And by the 16 G. 2. c. 15. If any felon or other ofFen- Being at large 
 der, ordered for tranfportation, or having agreed to tranfport him- "^" order or 
 felf on certain conditions either for life or any number of yearsj tranfporutiooi 
 ftiall be afcerwards at large in any part of Greij Britain, without 
 fome lawful caufe, before the expiration of the term j he Ihall be 
 guilty of felony without benefit of clergy. /. i . 
 
 And he may be tried at the affizes of the county or liberty 
 where he fliall be apprehended, or from whence he was ordered 
 to be tranfported ; and the clerk of aflize, and clerk of the pcaccj 
 where fuch orders of tranfportation ftiall be made, (hall, at the 
 requeft of the profecutor, or any other in the king's behalf, cer- 
 tify a tranfcript briefly and in a few words, containing the effect 
 and tenor of every indidment and conviflion of fuch felon, and 
 of the or^er a^id contrax^ for tranfportation, to the judges where he 
 fliall be indided [not taking for the fame above 2 s. bci.) which 
 certificate being produced in court fhall be a fufficient proof that 
 fuch peribn hath been convidled and ordered to be tranfported. 
 6 G. c. 23. / 6, 7. 16 G, 2. c. 15. / 2. 
 
 Order and coJitraSi'] So it is ih the original record ; but in Mr* 
 Henukins's edition of the ftatutes, it is order or contrail, which 
 may induce a miftake : for as the words order or contraSi do imply, 
 that a perfon may be convi6led upon a certificate either of the 
 one, or of the other, it may happen in fuch cafe that an innocent 
 perfon ihall be condemned ; for if a contrail for tranfportation 
 Ihall be certified only, and not the order for tranfportation, it is 
 poflible there may never have been any fuch order, and then fuch 
 contrart, being without the party*s own confent or knowledge^ 
 and without any order to fupport it, is void. 
 
 12. And whoever fhall difcover, apprehend, and profecute to Reward for ap- 
 conviftion of felony without benefit of clergy, any fuch offender, prehending fuch 
 fhall be intitled to a reward of 20 /. and fhaU have the like certi- ^^^ °"* 
 ficate, and like payments made, without fee, as any perfons may 
 
 be intitled to for the apprehending, profecuting, and convifting 
 of highwaymen. 16 G. 2. <:. 15. y. 3. 
 
 13. But the king may at any time pardon and difpenfe with the Pardon* 
 tranfportation, and allow of the offender's return, he paying to 
 
 his proprietor fuch fum as fhall be adjudged reafonable by any two 
 juftices of the peace within the province wher'e fuch proprietor 
 dwells. And where the offender fhall have ferved his term, fuch 
 fervice fhall have the effed of a pardon. 4 G. <:. 1 1. / 2. 
 
 1- "^RAVEKSE took its name from the Trench de tra- Traverfe, 
 
 jI i:afe, which is no other th^n de tranfverfo in Latin, ^* '^"*'' 
 ugnifying, on the other fide; becaufe as the indidment on the one 
 fide chargeth the party, fo he on the other fide cometh in to dif- 
 cfaarge hjmfelf. Lamb. 540. 
 
 V OL. a. il 3. To 
 
5^4 
 
 Traverfe, what 
 
 Xtal)erfe* 
 
 Fotm of a tra- 
 
 (Style of tl:8 
 fcffions.) 
 
 (The indidl- 
 nejit.) 
 
 (Praeefs to an- 
 I'wer. ) 
 
 (Traverfe. ) 
 
 (Kv) 
 
 . To tfaverfc an indiftment then, is to take iffue upon th« 
 ehief matter thereof; which is the fame as if one fhall fay, /» 
 mnke contrcididiOJi, or tc deny the point of the inditlr/ient : As in a 
 prefentment againil a perfon for a highway overflowed with water, 
 for default of fcouring a ditch, which he, and they whofe eftate 
 he hath in certain lands there, have ufed to fcour or cleanfe; fuch 
 perfon may traverfe either the matter, to wit, that there is no 
 highway there, or that the ditch is fufficiently fcoured ; or other- 
 wife, he may traverie the caufe, to wit, that he hath not that 
 land, or that he and they whofe eftate he hath have not ufed to 
 fcour the ditch. LaKL 541. 
 
 3. And forafna'Jch as in the record of one traverfe, there is at 
 once difcovered, the ftyle of the feflions, the indidlment, the pro- 
 cefs to anfwer, the traverfe it felf, the verdid, and judgment 
 thereupon, the procefs of execution, the yielding cf the parties, 
 and the aflcffment of their fines, fo that it alone may ferve inftead 
 of all, it is judged requifite to infert the fame as follows ; 
 
 Somerfct. TJ ERETOFORE, to idt, at the /(JJlms of the 
 
 \~\ pence held at Bridgewatcr in the county ajorijaid, em 
 the Tuefday next before thefeajl cf St. Matthew the apojlh, in the 
 
 • year of the rdgn of by the grace of god ^ of Great 
 
 Britain, France, and Ireland, king, deftnder of the faithy afid fa 
 forth, before J. P. and K. P. efquires, and others their afjociatsi^ 
 juficis cf cur fiiid lord the king, affgncd to keep the peace in tht 
 county afonfaid, as alfo to hear and dctLrmine di-vers felonies, tref 
 p'^ffes, and other mijdemsanors in the fame county committed, by tht 
 
 oath of i'vjel've jurors it is prcfentcd, that John Long of • 
 
 R. M. of a.'?dT. L. of nviih ui-vers others unknoixn^ 
 
 e-vil doers and dijlurhcrs of the peace of oar faid lord the king, in a 
 
 ^warlike manner arrayed, joined and affernbled, on the day 
 
 of • in the rJght of the fame day, in the year afcrrfaid, ivith' 
 
 force and arms, tonvlt, ^withfnjcords, fames, clubs, guns , and othef 
 arms, as ivell o^enf^cc as defenfl've, at • the clofe of one 
 
 W. WiHet f called B.) uiilaivfully, riotoufly, afid routoufiy broke and 
 entred, and eight ivaggon loads of hay, to the value of ' ' 
 
 then and there beings of the goods and chattels cf the faid W. W. 
 then and there unjujily and unlaivfully took and carried aivay,. 
 agairj} the peace of our faid lord the king, and againf the form of 
 the Jtatute in that cafe fnade and pro'jidcd : Whereupon it ivas com- 
 manded to the fieri ff, that he ft)ould not omit. Sec. but caufe them 
 to come to a;rji.i-£r. A7id aftern.vards, to vjit, en the Tuefday afore- 
 fciid next be-fore the fen ft of St. Matthew the apofle, in the year 
 aforefaid, before the afohefaid jujiices, came the afore faid J . h*. 
 R. M. and T. L. in their proper perfons, and ha'ving had the 
 hearing of the indiSimcnt aforefaid, fcverally fay, that they are 
 thereof not guilty, and of this they put thcmfel'ves upon the country ', 
 and h.62i\X\ Martin, ivho for our lord the king in this behalf profe- 
 cutes, in like mamier Sec. Therefore let there come thereupon a jurf 
 before the ju ft ices of our faid lord the king, affigned to keep the peac* 
 in thi county afonfaid, and alfo to hear and determine &C. at tht 
 fejjions of the peace at Weliss ISc. ff« /-6f Tuel'day next after the 
 I . ^ EpiphaJiy 
 
XtaUttt. 515 
 
 £piphany of our lor J then next to be holdenj And -ivho Sec. To re- 
 
 (agnize Sec. Becaufe as nvell &C, The fame day is gi'ven as ivell (Day given.) 
 
 to the afore/aid A. M. ifjho profacutes Sec. as to the afore/aid J. L. 
 
 R. M. and T. L. ^c. To nxihich fejjions of the peace ho/den at W. 
 
 aforcfaid in the county aforefaid, on the aforcfaid day Sec. before 
 
 • and their affociates, juflices of our faid lord the king, af- 
 
 figned to keep the peace in the county aforefaid, and aljo to hear and 
 determine di'vers felonies, trefpaffes, and other mifd.nieanors in the 
 fame county committed, came as nvell the aforifaid A. M. lov'o pro- 
 fecutes Sec. as the aforefaid J. L. R. M. and T. L. in their pro- 
 per perfons. And the jurors aforefaid, by the fieriff of the county (Verdlft*) 
 aforefaid for this impanelled, and de?nanded, to ixit, A. B. CD. 
 dfc. tikeivife did come, luho to fay (he truth concerning the pre- 
 miffes being tried and fivorn, fay upon their oath, that the aforefaid 
 J. L. R. M. and T. L. a7e guilty, and e'very of thetn is guilty^ 
 of the trtffojs, contempt, and riot aforefaid, in the indi^ment afore- 
 faid aho'ue fpecifed, in manner and form as againjl them is above 
 fuppofed. Therefore it is confidered by the court, that the aforefaid {J^'^Z^^'^^-) 
 J. L. R. M. and T. L. be taken to fati.fy our lord the king cf 
 their fines, by occafion of the trefpafs, contempt, and riot aforefaid. .„ ^ , 
 Which J. L. R. M. and T. L. then a?id there prefent in court, cution.) 
 prayed that they to a fine imth our J aid lord the king, by the occafion 
 aforefaid, may be admitted', and thereof they put themfel-ves federally 
 upon the mercy of our lord the king. And the fine of the fame J. L. (Fine aflbfled.) 
 by the jujiices aforefaid is affeffed, at 3 1. 6 s. 8 d. and the fine cf 
 the fame R. M. is affeffed at 20 s* and the fine of the fame T. L. 
 is affefied at ^ I. of good and laivful money of Great Britain^ to the 
 life and behoof of our faid lord the king. Lamb. 543. 
 
 4. Every defendant indifted for a mifdemeanor, fhould give j^otice of tria!, 
 full eight days notice of trial to the profecutor, before the affiles, 
 if the trial is to be there } if at the feffions, it is ufual to give two 
 or three days notice. Cr. Circ. 20, 48. 
 
 Xteafott. 
 
 I. "^ I ""RE AS ON, according to Lord Csi?, is derived from M«n^.^g of the 
 
 Jt trahir, to betray; and trahifon, by contraction /rf/?/^;/, word treafon. 
 is the betraying it felf. 3 Infi. 4. 
 
 Treafon, generally fpoken, is intended, not of petit treafon, 
 but of high treafon only, i H.H. 316. 
 
 2. Noiwithftanding that treafon and mifprifion of treafon are Povfcr of iafticet 
 'Hot within the letter of the contuniffion of the peace, yet inaf- of ihe peacs 
 fliuch as they are againfl: the peace of the king, and of the realm, ^'^^isin. 
 any juftice of the peace may, either upon his own knowledge, or 
 the complaint of others, caufe any perfon to be apprehended for 
 any fuch offence. And fuch jaftice may take the examination of 
 the pcrion fo apprehended, and the information of all thofe who 
 
 L 1 2 c&n 
 
5 i 6 Xttnton. 
 
 can give any material evidence againft him, and put the fame In 
 writing ; and alfo bind over fuch who are able to give any fuch 
 evidence, to the king's bench, or gaol delivery, and certify his 
 proceedings to fuch court. 2 Haiv. 39. Hal. PI. 168. I H. H. 
 
 372. 
 BiiJ. 3. And having committed the offender (for he is by no means 
 
 bailable by jurtices of the peace, 3 Ed. i. r. 15. 2 Han.v. 99.) 
 it may be advifable for him to fend an account immediately of all 
 the particular?, to a fecretary of (late. 
 Trcafonfcythc 4- % ^^^ ftatute of the 25 EJ. 3. J}. 5. c. 2. (which Lord 
 *5 Ei. 3. Hale csWi a /acred z(\.; and Lord Coke an exalleyit ^^, and the 
 
 king who made it a blejfed king, and the parliament a bUJJed par- 
 liament ; ) All treafons which had been urKertain before, were 
 fettled. Which ail, by the i Mar. fef. i. c. i. is reinforced, 
 and again made the only ftandard of treafon ; and all (latutes, be- 
 tween the faid ftatates of the 25 Ed. 3. and i Mar. which made 
 any offences h'gh or petit treafon, or milprifion of treafon, are 
 abrogated ; fo that no offence is at this day to be efteemed high 
 treafon, unlefs it be either declared to be fuch by the faid Ita- 
 tute of the 25 Ed. 3. or made fuch by fome ftatute f.nce the 
 I Mar. 
 
 And therefore I {hall f.rft confider fuch offences as are high 
 treafon within the faid llntutc of the 25 Ed. 3, and then fuch as 
 are made treafon by iUtutes fubfequent to the faid ftatute of the 
 I Mar. 
 
 The words of the ftatute of the 25 Ed. 3. as to this matter, 
 are as follows : 
 
 Whereas divers opi»iot:s have been before this time, in iikat cafir 
 treafon fhall be laid, and in m-hat not ; the king, at the requeft of 
 the Ivrds and ccmmons, hath made a declaration in the manner as 
 hereafter follc.-Lveth ; that is to fay. If' hen a man doth compnfs cr 
 imagine the death cf our lord the king, or of our lady his que err, or 
 cf their eldtfi fen and heir; or if a man do 'violate the king's com- 
 ■panion (that his, his wife, 3 hfi. 9.) or the kin^s eldeji daughter 
 unmarried, or the ivife of the king''s eldefl fon and heir ; or if a 
 tnan do le'vy nxiar againfi our lord the king in his realm, or be adhe- 
 rent to the king's enemies in his realm, giving to them aid and com- 
 fort in the realm, or elfeijchcre ; and thereof be probably (proveable- 
 ment, proveably) attainted of open deed, by the people of their con- 
 dition. And if a man counterfeit the king's great or pri'vy fcal, or 
 his TTwney ; and if a man bring falfe money into the realm, counter- 
 feit to the money of England, knon.ving the movcy to be falfe ; and 
 if a man flay the chancellor, treafurer, or the king's jufiices of the 
 one bench or the other, jufiices in eyre, cr jufiices of ajjtze, and all 
 other jujiices afftgned to hear and determine, being in their places, 
 doing their o^iccs. 
 
 And by the ftatute of the t Mar. feff. i . c. \. (which Lord 
 Hale calls another excellent law) No a£l, deed, or offence being by 
 ail of porliamcnt made treafon, by tcords, ivriting, ciphtring, 
 deeds, or othervsife -ivhatlofvcr, Jhall be adjudged to be treafon, but 
 only fuch as be duland by the faid ftatute of the 25 Ed. 3. And 
 
 . th:- 
 
* 
 
 ^ 
 
%u&fon. 517 
 
 this (he fays) at one blow laid flat all the numerous treafoni at any 
 time cnafted fince the 25 EJ. 3. i H. H. 30S. 
 
 0/ open deed^ Lord Coke (3 InJ}. 14, 140 ) feems to be of 
 opinion, upon the faid a£l of the 25 EJ. 3. that bare ivo; ds are 
 not a fufficient onjert aBy or open deed, whereby to convict a per- 
 fon of treaibn ; but that they are mifprifion of treafon only. So 
 alfo Lord Hale (i //. //. iii, 118. and elfeuhere throughout) 
 feemeth to think, that words, unlefs put into writing, are not re- 
 gularly an overt a£l. But Mr. Haixkins \\ Hav:. 39.) argues the 
 contrary, and amongft other reafons for his opinion, he ouferves, 
 that to charge a man with fpeaking treafon is unquelHonably 
 aftionable, which could not be, if no words could amount 10 trea- 
 fon : alfo, that as in cafe of felony, he who by command or per- 
 faafion induceth another to commit felony, is an acceflary'in felony, 
 fo he who does the fame in treafon is a principal traytor (there 
 being no acceffaries in treafon, but all being principals) ; and yet 
 fuch perfon doth no afl but by words. 
 
 And it has been the conftant praftice, ever fince the revolution 
 at lead, where a perfon by treafonable difcourfes hath manifefted 
 a defign to murder or depofe the king, to convift him upon fjch 
 evidence. And in Loivickh cafe. Holt Ch. J. declared, that exprcfs 
 ru'ords were not neceffary to convi£l a man of high treafon ; but 
 if from th; tenor of his difcourfe the jury is fatisiied he was en- 
 gaged in a defign againft the king's life, this is fufficient to convift 
 the prifoner. Read. Treaf. 146. ^ 
 
 5. Offences made treafon fince the i Mar. are as follows : Treafons t 
 (i) With regard to the pretender By Cat 6 Jn. c. 7. Ift^^f i^ar. 
 
 any perfon (hall by writing or printing affirm, that the pretender 
 hath any right to the crown, or any other perfon otherwife than 
 according to aft of parliament, he fhall be guilty of high treafon. 
 And if any perfon fhall by preaching, teaching, or advifed 
 {peaking affirm the fame, he fhall incur a pro'/nunire. 
 
 But no perfon fhall be profecuted for words, unlefs oath be 
 made thereof before a juflice in 3 days ; and the profecution 
 be within 3 months ; and the conviftion on the oath of two 
 witncffes. 
 
 And by the 1^ W. r. 3. If any perfon flnll hold any co.'-re- 
 fpondence with the pretender, or any perfon employed by him, 
 or fliall remit any money to his ufe, he fliall be guilty of high 
 treafon. And by the ly G. 2. c 39. This is extended to the 
 pretender's fons. 
 
 (2) Offences in relation to the coin, are made treafon by many 
 ftatutes ; which are treated of in title Coin, 
 
 (3) Alfo there are many offences made treafon, with regard 
 to the popifh ufurped jurifdiftion ; which are treated of utider 
 title i^opcrv. 
 
 6. In high treafon, as hath been faid before, there are no ac- AccfiTaries In 
 ceflaries, but all are principals ; and therefore whatfoever act or ^^'S.'* '^^eaioa. 
 confent will ma'*^ a man acceffary to a felony before the ac^ done, 
 
 the fame will make him a principal in cafe of high treafon. 3 InJ). 
 9. 21. 
 
 L 1 3 7- By 
 
 >^• 
 
5i8 Xttaton. 
 
 Profecution to be 7. By the J ir. f, 3. No perfons (hall be profecuted foi high 
 in 3 years. treafon, but within 3 years after the offence committed ; except in 
 
 the cafe of defigning to affafTinate the king's perfon. 
 
 Trial to be the g, j^^d by the 31 C. 2. c. 2. Perfons committed for high trea- 
 
 cxt erm. ^^^^ ^^jj ^^ jnj idled the next term, or next affize ; otherwife they 
 
 fhall be let to bail, unlefs it appear to the court, upon oath, that 
 
 the witnefTes for the king could not be produced in that time ; and 
 
 in fuch cafe, they fhall be indidled the fecond term or afTize, or 
 
 elfe dii'charged. 
 
 Copy of the in- 9. Perfons indided for high treafon whereby corruption of 
 
 diflment. blood fhall be made, or for mifprifion of fuch treafon (except for 
 
 counterfeiting the coin, the great feal, privy feal, privy fignet, 
 
 or fign manual) fhall have a copy of the indidlment (but not the 
 
 names of the witnefTes) delivered to them 5 days before trial. 
 
 7 ^'^' <:- 3- 
 
 Copy of the 10. And they fhall have copies of the panel of the jurors de- 
 
 panel' Hvered to them, two days before trial, "j W. f. 3. 
 
 Procefs for wit- 1 1 , And fhall iiave procefs of court to compel their witnefTes to 
 
 reffes. appear. 7 JV. c, 3. 
 
 Lift of the wit- 12. And moreover, after the death of the perfon pretending 
 
 nefTes. jq be king of England by the name of James the third, when a 
 
 perfon is indidled for high treafon, or mifprifion of treafon, both 
 
 a copy of the indidment, and lifts of the jurors, and alfo of the 
 
 witnefles, fhall be delivered to the party indifted, ten days before 
 
 / the trial. 7 A^. c 2\. f. 11, 
 
 O 13- And fuch perfons fhall have two fuch counfel as they fhall 
 
 defire afljgned them by the court, who fliall have accefs to them 
 at rcafonable times. 7 W. c. 3. 
 
 Likewife peifons impeached by the houfe of commons, of high 
 treafon whereby corruption of blood fhall be made, fhall be ad- 
 mitted to make their full defence by two counfel, who fhall be 
 afligned for that purpofe, in like manner as upon indiftments and 
 other profecutions. 20 G. 2. c. 30. 
 
 WitnefTes fworn. 14. And they fhall be allowed to make their defence by wit- 
 nefTes on oath. 7 W. c. 3. 
 
 Two witnefTes. 15. And they fhall not be attainted but on the oath of two wit- 
 nefles, either both of them to the fame overt aft, or one of thetn 
 to one, and the other of them to another overt adl: of the fame 
 treafon ; unlefs they fliall confefs, or fland mute, or refufe to 
 plead, or challenge peremptorily above 35 of the jury. 7 A/^. 
 c. 3. 
 
 lu;Jgment, i^- The judgment for high treafon (not relating to the coin) is^ 
 
 That he fhall be carried back to the place from whence he came, 
 and from thence to be drawn to the place of execution, and be 
 there hanged by the neck, and cut down alive, and that his en- 
 trails be taken out, and burnt before his face, and his head cut off,, 
 and his body divided into four quarters, and his head and quarter* 
 ^ifpofed of at the king's pleafuie. 2 Haiv. 443. 
 
 The judgment of a woman for high treafon^ is to be drawn 
 ^nd burnt. 3 Inji. ii\. 
 
 ' \7' la 
 
5Crtafom 519 
 
 17. In the faid judgment is implied forfeiture of lands and ^"orfciturr. 
 goods to the king, lofs of dower, and corruption of blood. 
 3 Inji. 2 11. 
 
 But after the death of the pretender (and of his cldeft and 
 every other fon, 17 G. 2. c 39. /. 3.) no attainder for ireafon 
 ihall difmherit or prejudice any heir or otlier perfon, other than 
 the offender during his life. 7 An. c. 21. /. lo. 
 
 Petit treafon. 
 
 1. Moyeover, there is amther mamier cf treafon, ivhen a fer- ^J'^ i»ion, 
 nxiKt flaytth his piajier, or a ivife her hvjhanci ; or njuhett a man 
 
 fecular or religious Jlayeth his prelate, to iKhom he cweth faith and 
 ahcdience. 25 Ed. 3. ft. 5. c. 2. 
 
 High treafon is againil the king, petit treafon againfl the fub- 
 jcfts. 3 Infi. 20. 
 
 2. No perfon (hall be convifted of petit treafon, but on the Two witncfles. 
 oath of two witnefles, or confeflion. i Ed. 6. c. 12. /. 22. 
 
 3. The judgment againft a man for petit treafon is, that he J^^S'Tifnt. 
 fhall be drawn to the place of execution, ^nd there hanged by 
 
 the neck till he be dead : The judgment againit a woman is, that 
 fhe fhall be drawn to the place of execution, and there burnt. 
 
 2 Haiv. 444. 
 
 4. The confequence of attainder, is, forfeiture of lands (to the ^ °'-s'f'''''f" 
 lord of the fee), and of goods; lofs of dower j and corruption of 
 
 blood. 2 Hww. c. 49. 
 
 5. Altho' there can be no accefl'aries in high treafon, yet in Acceffary. 
 petit treafon there may be acceifaries both before and after. 
 
 3 /»/?. 2 1 . 
 
 And acceflaries before the fad are oufted of clergy, by feveral 
 flatutes ; but acceffaries after the fadl have their clergy in all 
 cafes of petit treafon, for no ftatute takes it from them. 2 H. H. 
 
 342- 
 
 Mifprijlon of treafon. 
 
 1. Mifprifion cometh of t\iQ French word mefpris, which pro Wifprifion,what 
 pCrly fignilieth negledt or contempt : And mifprifion of treafon. 
 
 In legal underftanding, fignilieth, when one knoweth of any 
 treafon, tho' no party or confenter to it, yet conceals it, and 
 doth not reveal it in convenient time. 3 hf. 36. i ti. H. 
 
 37'- 
 
 2. The judgment of mifprifion of treafon is, to be imprifoned Judgment. 
 during life, to forfeit all his goods for ever, and the profits of his 
 
 Jands during life. 3 InJi. 36. 
 
 3. Every man therefore that knoweth a treafon, ought with all Caution. 
 fpeed to reveal it to the king, his privy council, or other magi- 
 ftrate. H.Pl. 127. 
 
 4. But it feemeth that mifprifion of petit treafon is not fubjedl Mifprifion of 
 to the judgment of mifprifion of high treafon, but only is punifh- F"* '-realoa. 
 able by fine and imprifonment, as in the cafe of mifprifion of 
 
 fdony. I H.H, i7S' 
 
 L 1 4 CreaCutc 
 
520 
 
 %uiitittt fotttiti. 
 
 Treafurc trove, i , 'T~^ R E A S U R E trove, or treafure found, is vj^en apy 
 
 *' ■ ^* _J go/i/ cr Ji/'ver, in coin, plate, or buUiotiy hath been rf 
 
 ancient time hidden, 'whercjoe'ver it be found, nvhereof no perfon can 
 
 prove any property, it doth bflong to the king, or to fome other by the 
 
 kings grant, or prefcription. 3 Inft. 132. 
 
 Gold or Jlher'] For if it be of any other metal, it is no trea- 
 fure ; and if it be no treafure, it belongs not to the king, for it 
 5iuft be treafure trove. 3 Injl. 132. 
 
 Wherefoenier it be found'\ Whether it be of ancient time hidden 
 in the ground, or in the roof or walls, or other part of a caftle, 
 houfe, building, ruins, or ellewhere, fo as the owner cannot be 
 known. 3 h[ji. 132. 
 
 Belong to the king] The reafon whereof is a rule of the com- 
 mon law, that fuch goods whereof no perfon can claim any 
 property, belong to the king; as wrecks, flrays, and the like. 
 3 1»J^- ^32. 
 
 2. Larceny cannot be committed of fuch things whereof no 
 man hath any determinate property, tho' the things themfelves 
 are capable of property, as of treafure trove, or wreck till 
 feized ; tho' he that hath them in point of franchife, may have 
 a fpecial adlion againfl: him that takes them. 1 H. H. 510. 
 
 3. The punifhment for concealment of treafure trove, is by 
 fine and imprifonment. 3%?. 133. 
 
 J he coroner may 4, And ic belongeth to the coroner to inquire thereof. 3 /»/?• 
 inquire thereoft 122. 
 
 Concerning which it is enaflcd by the /^Ed. i. y?. z. that a 
 
 coroner, being certified by the kiiig's bailiffs, or other honefi men of 
 the country, Jhall go to the places ivhere treafure is faid to be found. 
 And it is farther enaded in the fame ftatute, that the corojier ought 
 to inquire of treofure that is found, nvho ivere the finders, and Itke- 
 moife ijoho is fufpfSled thereof ', and that may be njoell percein)ed, 
 ^ivhcre one li'veth riotoufiy, haunting taverns, and hath done fo of 
 long ti^ne ; hereupon he ?nny be attached for this fufpicion, by 4, or 6, 
 or more pledges, if he may be found. 
 
 5. Alfo it feems to be agreed, that all feizures of treafure 
 trove, belonging to the king, may be inquired of in the fheriff 's 
 torn : But it leems quellionable, whether a prefcription in a court 
 leet to inquire of fuch feizure belonging to the lord of it, being a 
 fubjed, be good or not, fince it is againfl: the general rule of the 
 law, for the leet to take cognizance of trefpalTes done to the pri- 
 vate damage of the lord, hecaufe that would make him hii own 
 judge. 2 //en,'. 67. 
 
 Taking treafure 
 trove, not 
 felony. 
 
 But finable. 
 
 Alfo the ftieriff 
 in his lorn. 
 
 CteaCiU'cr* 
 
521 
 
 l.''!| ^HE treafurers (hall be perfons refident in the county or Treafarcrhow 
 
 J[ divifion, and fhall be appointed by the juftices at their <*^okn. 
 general or quarter fefllons ; firft giving CuiHcient fecurity to be ac- 
 countable for the money which ihall be paid to them in purfuancc 
 of this aft (for the levying of county rates), and to pay fuch fums 
 as fhall be ordered by the juilices in feffions, and for the due and 
 faithful execution of the trufts repofed in them. 12 G. 2. c 29. 
 
 2. And they may continue the treafurer from time to time in Continuance in 
 his office, and remove him at their pleafure, and appoint another ''js o^fc ; and 
 in his place ; and may allow him a falary not exceeding 20 /. "la'y* 
 
 a year, to be paid out of the county rates. 12 G. 2. c. 29. 
 /. II. 
 
 3. And that the treafurers may be the better amenable to the His eleftion t« 
 court of king's bench, wich regard to the payment of the money ^^ <^«"'fi«'i '«"> 
 for relief of the prifoners of the King's Bench and Marjhalfea pri- tench. 
 
 fons. Every perfon who fhall be cledled treafurer of any county, 
 fhall in 30 days after his election tranfmit his name and plate of 
 abode to the clerk of the crown in the court of king's bench, to 
 be by him entred or regiftred, for which entry no fee fhall be 
 taken : And if fuch treafurer Ihall negleft or refufe fo to do, then 
 upon the report of the faid clerk of the crown, the faid court 
 may make a rule upon him, requiring his performance ; which 
 Ihall be inforced as other rules of the faid court, at the charge of 
 flich treafurer. 1 1 G. 2. f. 20. 
 
 4. And the treafurer fhall keep books of entries of the feveral ^'5 accouati 
 fums by him received and paid ; and fhall deliver in a true and 
 
 exaft account upon oath if required of his receipts and difburfe- 
 ments, diflinguifhing the particular ufes to which the feveral fums 
 have been applied, to the juflices at every general or quarter fef- 
 fions, and fliall lay before them the proper vouchers for the fame : 
 Which accounts and vouchers, fhall be depofued with the clerk of 
 the peace, to be kept amongfl the records, to be infpeded by any 
 of the juilices without fee. i 2 G. 2. c. 29. / 7, 8. 
 
 5. And the difcharge of the juftices, by their order at their And difchirge, 
 general or quarter fefiions, fhall be a fufficient releafe and dif- 
 charge to fuch treafurer. 12 G. 2. r. 29. f. 9. 
 
 €tee0. See OTootr. 
 Crcfpafs. See %\^\it of tfjc peace^ 
 
 CuiilL See %\\l'^^ ^eniOIlSj* 
 
 Crop8p monep. See (^iiftia* 
 
 €untipi5» 
 
523 
 
 %\itnip6* 
 
 IF any perfon (hall ftcal and take away, or malicioufly pull up 
 and deftroy any turnips growing, or being in any grounds 
 belonging to any perfon, and be convided thereof (within 30 
 days) by confeffion, or oath of one witnefs, before one jaftice ; 
 he ihall for the firft ofFence pay to the owner fuch fatisfaftion for 
 the damage, and within fuch time, as the juftice fhall appoint; 
 and fhall alfo pay down, upon convidion, to the overfeers for the 
 ufe of the poor, fuch fum not exceeding 10 s. as the juftice fhall 
 think fit ; and if he fhall not make fuch recompence and pay- 
 ment, the juftice may either commit him to the houfe of cor- 
 re<Slion for any time not exceeding one month. Or order him to be 
 whipt by the conftable : And being convi^ed of a fccond ofFence, 
 he fhall be committed to the houfe of corredion for 3 months. 
 a3 G, 2. c, 26. / 13, 14. 
 
 Cucnpittc^^ See ^fg!)tuap!^. 
 
 Clagranw, 
 
523 
 
 THIS title confifteth chiefly of the flatute of the 17 G. 2. 
 c. 5. commonly called the vagrant aft ; but in the progrefs 
 thereof, the other ftatutes relating to vagrants are inferted in the 
 places where they properly fall in. 
 
 /. Idle and difcrderly perfons. 
 
 II. Rogues and vagabonds. 
 
 III. Incorrigible rogues. 
 
 IV. Apprehending. 
 
 V. Reward for apprehending. 
 VL Penalty for not apprehending. 
 
 VII. Priiy fearch. 
 
 VIII. E^a^nination. 
 
 JX. J^Vhipping or imfrifonment. 
 X. Further punifhment. 
 XI- Conveying. 
 
 XII. What to be done vjith at the place to which 
 
 they are fent. 
 
 XIII. Scottifh vagrants. 
 
 XIV. Irilli vagrants. 
 
 XV. Lunatick vagrants. 
 
 XVI. Penalty of lodging vagrants. 
 
 XVII. Children born in vagrancy. 
 
 X^'^III. General penalty for hindring the execution of 
 the vagrant a£l. 
 
 XIX. Charges of maintaining and conveying va-* 
 
 grants. 
 
 XX. Appeal. 
 XXI Treble cofis. 
 
 XXII. Exception of fpecial franchifes. 
 
 I. Idle and diforderly perfons. 
 
 By the 7 J. c. 4. Idle and diforderly perfons fliall be fent to 
 the houfe of correftion ; and by the 17 G. 2. c. 5. idle and dif- 
 orderly perfons are thus defcribed : ( i ) All perfons who threaten 
 to run away, and leave their wives or children to the parilh. 
 t?) All perfons who HiaU unlawfully return to the parifh or place 
 
 from 
 
 
524- 
 
 Pageants. 
 
 from whence they have been legally removed by order of two 
 juftices, without bringing a certificate from the parifli or place 
 whereunto they belong. (3) All perfons who not having where- 
 with to maintain themfelves, live idle without employment, and 
 rcfufe to work for the ufual and common wages given to other la- 
 bourers in the like work, in the parilhes or places where they are. 
 (4) All perfons going about from door to door, or placing them- 
 felves in ftreets, highways, or paffages, to beg or gather alms in 
 
 the parities or places where they dwell All thefe fhall be 
 
 deemed idle and diforderly perfons. And it fhall be lawful for 
 one jjflice to commit fuch offenders (being thereof convifted be- 
 fore him, by his own view, or confeflion, or oath of one witnefs) 
 to the houfe of corredion, to be kept to hard labour not. ex- 
 ceeding one month. And any perfon may apprehend, and carry 
 before a juflice, any fuch perfons going about from door to door, 
 or placing themfelves in ftreet?, highways, or paffagfs to beg alms 
 in the pariOies or places where they dwell ; and if they fliall refill, 
 or efcape from the perfon apprehending them, they fhall be pu- 
 rifhed as rogues and vagabonds. And the faid juflice, by war- 
 rant under his hand and feal, may order (A) any overfeer where 
 fijch offender fhall be apprehended, to pay 5 s. to any perfon in 
 iuch parifh or place fo apprehending them, for every offender lb 
 apprehended ; to be allowed in his accounts, on producing the ju- 
 fticc's order, and the perfon's receipt to whom it was paid : And 
 if the overfeer fhall negledt or refufe to pay the fame, the faid ju- 
 ftlce on oath thereof, may by his warrant order the fame to be le- 
 vied by diflrefs und fale of his goods, and in fuch cafe he fhall not 
 be allowed the fame in his accounts. / i. 
 
 Note ; This is another, and a quite different reward, from 
 that which is given hereafter for apprehending rogues and vaga- 
 bonds ; the latter being ioj. and this but 5 j. the latter paid by 
 the county, but this paid by the parifh, as a punifhment for faf- 
 fering their poor to beg, altho' within their own parifh ; for if 
 they beg oat of their parifh, they incur a further degree of guilt, 
 becoming thereby roguej and vagabonds. 
 
 //. Rogues and vagabonds. 
 
 An Infant under the age of 7 years, fhall not be faid to be a 
 rogue and vagabond ; but fhall be removed to its place of fettle- 
 ment, as other poor perfons not vagrants. Black. 276. 
 
 Bat perfons who fhall be deemed rogues and vagabonds, are by 
 the 17 G. 2. <r. 5. thefe that follow : 
 
 (i) All perfons going about as patent gatherers, or gatherers of 
 alms, under pretences of lofs by fire, or otirjr cafualty. 
 
 (2) Perfons going about as colleftors for prifons, gaols, or 
 hofpitals. 
 
 (3) Fencers. 
 ^4) Bearwards. 
 
 (5 ) Common players of interludes, and all perfons who (hall 
 for hire, gain, or reward, act, reprefenr, or perform, or caufe to 
 be acted, reprefenccdj or performed, any interlude, tragedy, co- 
 
 mc(^y. 
 
tll 
 
^ascants. 525 
 
 medy, opera, play, farce, or other entertainment of the ftage, or 
 any part therein, not being authorized by law. 
 
 (6) Mindrels. 
 
 But this (hall not prejudice the heffs or aflign? of John Dutton 
 of DuttoK, late of the county of Chcfter, efquire, their heirs or 
 alfigns, concerning the liberty, privilege, or inheritance, which 
 they, their heirs or affigns now lawfully ufe, or ought to ufe 
 within the county of Chcjitr, by reafor of any ancient charters 
 of any kings of this land, or by reafon of any prefcription, or 
 lawful ufage, or title whatfoerer. 
 
 And this exception is as ancient as the vagrant adt of the i<) El. 
 (now repealed). 
 
 And in the 43 El. c. 9. which continued the faid aft of the 
 39 El. the above claufe was continued only for one year, except 
 before the end of the faid year, the faid John Button, or his 
 heir?, {hould procure the lords chief juRices and lord chief baron, 
 or two of them, on hearing his allegations and proofs, to mak; 
 certilicate into the chancery, to be there inrolled, that the faid 
 John Dutton, or his heirs, ought lawfully (if no llatute againft 
 rogues or beggars had been roade) by charter, tenure, or prefcrip- 
 tion, to have fuch liberty of licenfing of minftrels, as he claimeth 
 and ufeth. 
 
 And in the i J. c. 2^. the fame claufe v.'as continued without 
 limitation ; fo that it is probable fuch proof had then been made 
 as is abovementioned. 
 
 And the hillory of the matter is this : "Randal Blandtiille, Earl 
 of ChfJIer, was about the end of the reign of K. Ruh. the firft, 
 fuddenly bcfieged by the IFelp, in the cattle of Ruthdent in Flint- 
 Jkirc ; whereupon he prefently fends to his conftable of Chrjhire, 
 one Rogn- Lacy, to hailen, with what force he could, to hii relief. 
 It happened to be on Midfummer-duy, and a great fair then held 
 at Chrjhr. Whereupon Roger immediately got together a great 
 lawlefs mob of fidlcis, players, coblers, (ffr. and marches imme- 
 diately towards the eari ; and the ll'el/h perceiving a great multi- 
 tude approaching, raifed the fiege and fled. The earl beii g thus 
 freed, comes back with his conlfable to Chejler ; and in memory 
 of this fervice, by a charter grants to Roger Lacv snd his heirs, 
 power over all the fidlers, letchers, whores, and fhoemakers in 
 Chejier. About the la«er end of the reign of King John, or be- 
 ginning of K. Hen. 3. Roger Lacy being dead, his fon John by 
 deed, granted to one Hugh Dutton his fteward, and to his heirs', 
 the rule and authority over all the letchers and whores in all 
 Chijhirc, in thefe words ; Sciant pTi-J'intes Iff ftituri, quod ego 
 Johannes Confiabularitis Ceflrire^ dedi is eoncejjl, iff hp.c p/vftnti 
 chart a mea confirmanji Hugoni de Dutton ^ff h^redibus Jiiis, magz- 
 Jiratum omnium leccatoruin iff tneretricupi totius Ceiiritt, Jtc ut 
 liber i us ilium magijiratum teneo de cotnite, falvo jure meo mi hi i^ 
 hfcredibus meis. Under which grant by ancient cuftom, the heirs 
 of Dutton claim and enjoy a privilege and authority over all the 
 common fidlers and minitrels in Chtjttr, and in all Chejhire to this 
 day, and in memory thereof, keep a yearly court at Chefter ori 
 hiidfummer-dpy, being Chejler fair, and in «, folemt} manner ride 
 
 attendri 
 
526 tHastantg. 
 
 atrended thro' the city to St. John BaptiJ}^ church, with all (he 
 fidlers of the county playing before the lord of Diitton, and then 
 at the court renew their licences yearly ; and none ought to ufe 
 the trade or employment of a minftrel or fidler, either within 
 the city or county, but by an order and licence of that court. 
 ^h. 360. 
 
 (7) Jugglers. 
 
 (8) All perfons pretending to be gypfies, or wandring in the 
 habit or form of Egyptians. 
 
 And by the \ Q z P. U M. r. 4. If any perfon (hall bring 
 into the realm any perfons calling themfelves, or commonly called 
 Egyptians ; he rtiall forfeit 40/. half to the Icing, ind half to him 
 that fhall fue. And if any of the faid perfons called Egyptians, 
 fo brought into the realm, Ihall continue within the fame for one 
 month, he fhall (on conviction in the county where he was appre^ 
 hended) be adjudged guilty of felony without benctit of clergy, 
 and fhall not be tried by a jury p^r 7nedutatem linguae. But this 
 not to extend to any child not above 1 3 years of age ; nor to 
 charge any perfon as acceflary po the faid felony. 
 
 And by the 5 El. c. 20. Every perfon (tho' not brought from 
 beyond fea) who fhall be found in any company of vagabonds, 
 commonly called, or calling themfelves Egyptians, or counterfeit- 
 ing, transforming, or difguifing themfelves by their apparel, 
 fpeech, or other behaviour like unto them, and (hall continue ia 
 the fame at one time, or at feveral times, by the fpace of one 
 month, fhall on convidion in the county where he was appre- 
 hended, be adjudged guilty of felony without benefit of clergy, 
 and Ihall not be tried by a jury per ijudietatem lingua:. But this 
 not to extend to any child within 14 years of age. 
 
 (9) Or pretending to have fkill in phyfiognomy, palmeflry, or 
 like crafty fcience, or to tell fortunes. 
 
 (10) Or ufing any fubtil crafc to deceive and impofe on any 
 of his majefty's fubjedls. 
 
 (11) Or playing or betting at any unlawful games or plays. 
 
 (12) All perfons who run away, and leave their wives or chil- 
 dren, whereby they become chargeable to any parifli or place. 
 
 (13) All petty chapmen, and pedlars, wandring abroad, not 
 being duly licenfed, or otherwife authorized by law. 
 
 (14) All perfons wandring abroad, and lodging in alehoufes, 
 barns, outhoufes, or in the open air, not giving a good account 
 cf themfelves. 
 
 (15) All perfons wandring abroad and begging, pretending to 
 be foldiers, mariners, or feafaring men. 
 
 But this fhall not extend to foldiers wanting fubfiilence, having 
 lawful certificates from their ofHcers, or the fecretary at war ; or 
 to mariners or feafaring men licenfed by fome teilimonial or wri- 
 ting under the hand and feal of fome juflicc of the peace, fetting 
 down the time and place of their landing or difcharge, and the 
 place to which they are to pafs, and the names of the chief towns 
 or places thro' which they are to pafs, and limiting the time of 
 their pallage, while they continue in the direct way to the place 
 to whjcii they are t© pals, and during the time fo limited. 
 
 V/hith 
 
^agtants. 527 
 
 Which exception hath a reference to the flatute of the 39 EL 
 t. 17. which is as follows : 
 
 All idle and wandring foldiers or marineis, or idle perfons 
 which fhall be wandring as foldiers and mariners, fliall fettle them- 
 felves in feme fervice, labour, or other lawful courfe of life, 
 without wandring, or otherwife repair to the places where they 
 were born, or to their dwelling places if they have any, and 
 there remain, betaking themfelves to fome lawful trade or courfe 
 of lif£ ; on pain to be reputed as felons, and to fuffer as in cafe 
 of felony without benefit of clergy. / 2. 
 
 And every idle and wandring ioldier or mariner, which coming 
 from his captain from the feas, or from beyond the fea, fhall not 
 have a teflimonial under the hand of a juftice of the peace of or 
 near the place where he landed, fetting down therein the place 
 and time when and where he landed, and the place of his dwel- 
 ling or birth, unto which he is to pafs, and a convenient time 
 therein limited for his paffage, or having fuch tellimonial, fhall 
 wilfully exceed the time therein limited, above 14 days ; and alfo 
 as well every fuch idle and wandring foldier or mariner, as every 
 other idle perfon wandring as foldier or mariner, which fhall forge 
 or counterfeit any fuch teflimonial, or have with him any fuch 
 teflimonial forged or counterfeited, knowing the fame to be coun- 
 terfeited or forged ; in all thefe cafes, every fuch aft or ads to be 
 felony without benefit of clergy. /. 3. 
 
 And thejufliccs of aflize, and juflices of the peace in feflions, 
 may hear and determine all fuch offences, and execute the offen- 
 ders convidled before them, as in cafes of felony is accuftomed ;. 
 except fome honeft perfon valued at the lafl fubfidy to 10/. in 
 goods, or 40 s. in lands, or elfe fome honefl freeholder, as by the 
 faid juflics fhall be allowed, will be contented before fuch juflices 
 to take fuch offender into his fervice for one whole year, and then 
 before the faid juflices will be bound by recognizance of 10/. if 
 he keep not the faid perfon for one whole year, and bring him to 
 the next fefHons for the peace and gaol delivery next enfuing after 
 the faid year ; and if any fuch perfon retained depart within the 
 year, without the licence of him that fo retained him, he fhall be 
 guilty of felony without benefit of clergy. /. 4. 
 
 But if any fuch idle and wandring perfon fhall fall fick by the 
 way, fo that by reafon of his weaknefs he cannot travel to hi> 
 journey's end within the time limited in his teflimonial, he fhall 
 not be wiihin the danger of this flatute, fo as he fettle himfelf in 
 fome lawful coarfe of life as aforefaid, ta repair as aforefaid to 
 the place v.here he was born or was lafl abiding, within conve- 
 Rient time after the recovery of his ficknefs, and there remain as 
 aforefaid. f. 5. 
 
 And if any fucb foldier or mariner coming from the feas, fhall 
 not at the rime of his landing, or in his travel to the place where- 
 unto he is to repair, going the dire£l way [have wherewithal to 
 maintain himfelf in his journey], he may refort to fome juflice 
 next adjoining to the place of landing or way, and make known 
 unto him his poverty ; who upon perfeft notice thereof had, 
 n:iav licence (E; him to pafs th? next and dk-ei^ way to the place 
 
 where 
 
-28 taagcatits. 
 
 where he is to repair, and to limit him ib much time Only, aj 
 fhall be necelTary for his travel thither ; and in fuch cafe, pur- 
 fuing the form of fuch licence, he may for his necellary relief in 
 his travel, a(k and take the relief that any perfon ihall willingly 
 give him. / 7. 
 
 Note ; the above words [^/jaTJC ivhertn-L-lthal to maintain bimfelf 
 in his journey] are inferred in order to make up the fenfe, the 
 ilatute being evidently imperfeft without fome fuch like words ; 
 and the parliament roll itfelf in this place is in like manner im- 
 perfcft : and yet this is the fole claufe in any aft of parliament, 
 by which power is given to a jaftice of the peace to licenfe any 
 perfon to beg ; and of which fuch evil ufe is often made by profli- 
 gate pcrfons, in counterfeiting fuch licences, and thereby abufing 
 the country. 
 
 Lord Coke, upon this ftatute, fpeaking of the preventing of 
 perfons from wandring without pafTes, or with the fame counter- 
 feited, obferves thereupon, that this excellent work (as he calls it) 
 of preventing them from wandring abroad without lawful licences, 
 is without queftion feafible ; for upon the making of the faid fta- 
 tute, and a good fpace after, whilll the juftices and other officers 
 were diligent and induftrious. there was not a rogue to be feen in 
 any part of England ; but when the jullices and others became 
 remifs, rogues fwarmed again. 2 l>:Ji. 729. 
 
 But, in truth, the great mifchief feemeth to be, the fuiFering 
 thefe perfons to wander at all : Such perfons, above all others, 
 ought to be conveyed immediately from their place of landing oi* 
 difcharge, to their place of fettlement, at the publick charge, for 
 three reafons ; i. Becaufe, if they be failors, they may be ufeful 
 at the ports where they belong, z. Becaufe otherwife, whether 
 they be foldiers or failors, they become initiated into the trade of 
 begging, which they are never after willing to leave. 3. Becaufe 
 being for the moil part able and lully, they are moH likely to do 
 mifchief in the country. 
 
 (16) Or pretending to go to work in harveft. 
 But this fhall rot extend to any perfon going abroad to work 
 at any lawful work in the time of harvelt, fo as he carry with 
 him a certificate figned by the minifter and one of the church- 
 wardens or overfeers where he (hall inhabit, declaring that he hath 
 a dwelling houfe or place there. 
 
 Which exception hath reference to a claufe in the fiatute of the 
 I 3 dff 14 C. 2. c. 12. concerning fettlements, by which 40 days 
 inhabitancy made a fettlement ; whereby it is enacled, that it 
 fhall be lawful for any perfon to go into any county, parifh, of 
 place, to work in time of harveft, or at any time to work at any 
 other work, fo that he carry with him a certificate from the mi- 
 nifter of the parifh, and one churchwarden and one overfeer, that 
 he hath a dwelling houfe or place in which he inhabiteth, and 
 hath left wife and children, or fome of them there (or otherwife 
 as the condition of fuch perfon requireth*; and is declared an in- 
 habitant there ; and in fcch cafe, if he fhall not return when hij 
 work is finifhed, or fhall fall fick or impotent, it Ihall not be ac- 
 counted a fe.ttlement, /,-N Ar^ 
 
il 
 
^asranfjsf. 529 
 
 (17) And all other perforts, wandring abroad and begging ■ 
 (hall be deemed rogues and vagabonds. 
 
 ///. Incorrigible rogues. 
 
 'By the 17 G. 2. c. 5. Incorrigible rogues are thus defcribed: 
 
 ( 1 ) All end gatherers offending againft the ftatute of the i 3 Q. 
 being convided of fuch offence. 
 
 By which adl of the i 3 G. c. 23. / 8. The offence is this; 
 <vlsi. The collefting, buying, receiving, or carryiog any ends of 
 yarn, wefts, thrums, {hort yarn, or other refufe of cloth, drug- 
 get, or other woollen goods ; and the puniflinicnt of fuch perfons 
 is, in order to prevent their committing abufe?, by fucli pradices, 
 in the woollen manufacture. 
 
 (2) All perfons apprehended as rogues and vagabonds, and 
 efcaped from the perfons apprehending them, or refufng to go 
 before a juftice, or to be examined on oath before fuch j':".ice, or 
 refufing to be conveyed by fuch pafs as is herein after di-a'Aed, or 
 knowingly giving a falfe account of themfelves on I'uch examina- 
 tion, after warning given them of their punifl[m)ent. 
 
 (3J All rogues or vagabonds who fliall break or efcape out of 
 any houfe of correftion, before the expiration of the term for 
 which they were committed or ordered to be confined by this aft, 
 
 (4) All perfons who after having been punilhed as rogues and 
 ▼agabonds, and difcharged, (hall again commit any of the faid 
 offences : — All thefe fhall be deemed incorrigible rogues, / 4. 
 
 IV. Apprehending rogues. 
 
 If any perfon fball be found offending againft this aft, the con- 
 llable fliall apprehend him, and convey or caufe him to be con- 
 veyed to a juftice of the peace. 17 G. 2. c. 5. f. 5. 
 
 And any other perfon may apprehend him, and carry him to 
 the conftable, or to a juftice. id. 
 
 V. Re'ward for apprehending. 
 
 If any perfon, not being a conflable, fhall apprehend afiy fuch 
 rogue or vagabond, and fhall deliver him to a conftable, or con- 
 vey him to a juftice; or if any conflable fhall fo apprehend and 
 convey him, it fhall be lawful for fuch juftice to reward him, by 
 making an order ( C ) under hand and feal, upon the high con- 
 Itable, to pay ioj. to the perfon fo apprehending him, within 
 one week .after demand, and producing fuch order, and on his 
 giving a receipt for the fame ; which fball be allowed by the trea- ' 
 lurer to fuch high conftable, on pafTing his accounts, and deliver- 
 itig fuch order and receipt, and alfo his ov/n receipt for the fame 
 to fuch treafurer 5 the treafurer alfo to be allowed the fame in his 
 accounts, on producing the faid vouchers ; and in towns corpo- 
 rate, and other places, where there are no high conftables, f'cch 
 petty conftables fhall pay or retain fuch reward, and be allowed 
 the fame in their account?, on producing the like vouchers. And 
 
 Vol. II. Mm if 
 
53° tmagratits. 
 
 if any high conftable, or where there is none, fuch petty con- 
 ftable, (hall refufe or negledl to pay fuch reward on demand, fucb 
 juftice by his warrant may levy the fum of 20 s. by diftrefs and 
 fale of his goods, and thereout allow the faid reward, and fuch 
 other recompence for his trouble, lofs of time, and expences, as 
 the faid juftice Avail think fit; the overplus to be returned on de- 
 mand. 17 G. 2. c. 5. / 5. 
 
 VI. Penalty for not apprehending. 
 
 If the conftable fhall refufe or negleft, to ufe his beft endea- 
 vours, to apprehend or convey to fome juftice fuch offender ; or 
 if any other perfon, being charged by any juftice fo to do, (hall 
 refufe or negledl to ufe his beft endeavours to apprehend and de- 
 liver to the conftable, or to carry fuch offender before forae ju- 
 ftice, where no conftable can be found ; he fhall, being convitled 
 thereof on view, or oath of one witnefs, before one juftice, for- 
 feit 10 s. to the poor, by diftrefs. 17 G. z. f. 5. / 5- 
 
 VII. Privy feareh. 
 
 The juftice?, or two of them, ihall four times a year at leaft,. 
 or oftncr (if need be) nuet in their refpeftive divifions, and by 
 their warrant { !> } command the conftables of tvery hundred, 
 parifh, town, and hamlet, who fhall be affifted with fufiicient 
 men, to make a general privy feareh in one night, for the appre- 
 hending of rogues and vagabonds; and every juftice fhall alfo, oa 
 receiving iniorination that rogues and vagabonds are in any place 
 within his jurifdidlion, ifTue his warrant to the conftable to feareh 
 for and apprehend fuch rogues and vagabonds, and fuch as they 
 fhall find upon fuch feareh, they fhall caufe to be brought before a 
 juftice. 17 G. 2. f. 5. / 6. 
 
 And by the 25 G. 2. c. 36. Two juftices, in cafe any perfoa 
 apprehended upoa a general privy feareh, or by a fpecial warranty 
 fhall be charged before them with being a rogue and vagabond^ 
 or an idle and diforderly perfon, or with fufpicion of felony (al- 
 tho' no direft proof be then made thereof) may examine fuch per- 
 fon on oath, as to his fettlement, and means of livelihood; and 
 the fubftance of fuch examination fl^U be put in writing, and 
 figned by fuch perfon, and by the juftices, and be tranfmitted to 
 the next fefuons to be filed ; and if fuch perfon fhall not fhew, 
 that he has a lawful way of getting his livelihood, or fhall not pro- 
 cure fome refponftble houfekeeper to appear to his charader, and 
 to give fecurity (if required) for his future appearance at fome 
 other day to be fixed for that purpofe, the juftices may commit 
 him to fome prifon or houfe of correftion, for any time not ex- 
 ceeding fix days ; and in the mean time order the overfeers of the 
 poor, to advertife in fome publick paper, a defcription of his per- 
 fon, and any thing that fhall be found on him, or in his cuftody, 
 and which he fhall be fufpedled not to have comehonefily by, and 
 the place of his commitment, and the time and place appointed 
 
 fos 
 
tHJasratits. 531 
 
 for his reexamination; and if no accufation fhall be then laid 
 againft him, he fhall be difcharged, or otherwife dealt with ac- 
 cording to law. / 12. 
 
 But by the ftiortnefs of the time limited for advertifmg him, 
 this feems chiefly calculated for the places within the bills of 
 mortality. 
 
 VIII. Examination. 
 
 Where any rogues or vagabonds, apprehended by any ccnfla- 
 ble, or fuch other perfon as aforefaid, fhall be brought before a 
 jullice, he iliall inform himfelf by the examination ( E ) upon 
 oath of the perfon apprehended, or of any other perfon, of the 
 condition and circumftances of the perfon fo apprehended, and 
 of the parifh or place where he was lall legally fettled; the fub- 
 ftance of which fhall be put into writing, and be figned by the 
 perfon or perfons fo examined ; and the juftice fhall likewife figit 
 the fame, and tranfmit it to the next feffions, there to be filed and 
 kept on record. 17 G. 2. c. 5. / 7. 
 
 IX. fVhipping or imprifonment. 
 
 And fuch juftice fhall order fuch perfon fo apprehended, to be 
 publickly whipt ( F ) by the conflable, petty conftable, or fome 
 other perfon, to be appointed by fuch conftable or petty conftable, 
 of the parilh or place, where fuch perfon was apprehended ; or 
 Ihall order him to be fent to the houfe of correftion ( G ) till the 
 next feffions, or for any lefs time, as fuch juftice fhall think pro- 
 per. 17 G. 2. c. 5. / 7. 
 
 X. Further pmijhment. 
 
 And where any olFender againft this aft fhall be committed 
 to the houfe of corredion till the next feffions, and the juftices ac 
 fuch feffions fhall on examination of the circumftances of the cafe 
 adjudge fuch perfon a rogue or vagabond, or an incorrigible 
 rogue; they may order fucb rogue or vagabond to be detained in 
 the houfe of correftion_, to hard labour for any further time not 
 exceeding fix months, and fuch incorrigible rogue for any further 
 term not exceeding two years, nor lefs than fix months; and du- 
 ring his confinement, to be whipped in fuch manner, and at fuch 
 limes and places, as they fhall think fit; and fuch perfon may, 
 if the feffions think convenient, afterwards be fent away by a 
 pafs; and if fuch perfon, being a male, is above the age of 12 
 years, the court may, before he is difcharged from the houfe of 
 correftion, fend him to be employed in his majefty's fervice by 
 fea or land ; and if fuch incorrigible rogue, fo ordered by the 
 feffions to be detained in the houle of correction, fhall break out 
 or make his efcape, or fhall offend again in like manner, he fhall 
 be guilty of felony, and be tranfported for feven years. 17 G, 2, 
 1 <■• 5- / 5>- 
 
 Mm 2 And, 
 
532 tHJagicattts. 
 
 And by the 1 3 y 14 C. 2. c. 12. The jullices in fefllons may 
 tranfport luch rogues, vagabonds, and fturdy beggars, as Ihall be 
 duly convicted, and adjudged to be incorrigible, f. 23. 
 
 And by the 17 C 2. r. ^. If the child of any vagrant, above 
 the age of feven years, (hall be committed to the houfe of cor- 
 reftion, the jullices in fefllons, if they fee convenient, at any 
 time before fuch child be difcharged, may order fuch child to be 
 placed out as a fervant or apprentice, to any perfon who is wil- 
 ling to take fucli child, till fuch child fhall be of the age of 21 
 years, or for a lefs time ; And if any offender, who was found 
 wandring with fuch child, lliall be again found with the fame 
 child which was fo placed out, he fhall be deemed an incorrigible 
 rogue, f. 24. 
 
 And where any vagrants have been committed to the houfe of 
 correifiion till the next feffions, if on examination of fuch peffons 
 no place can be found, to which they may be conveyed, the fef- 
 fions (hall order them to be detained and employed in the houfe 
 of corredion, until they can provide for themfelves, or until the 
 juflices in fefTions can place them in fome lawful calling, as fer- 
 vants, apprentice?, foldiers, mariners, or otherwife, either within 
 this realm, or in the plantations in America, f. 28. 
 
 XL Conveying. 
 
 After fuch whipping or confinement, the }uflice may, if he 
 thinks convenient, by a pafs (H. I. ) under hand and feal, caufe 
 him to be conveyed to the place ef his lall legal fetdement; but 
 if it cannot be found, then to the place of his birth ; or if he be 
 under the age of 14 years, and have any father or mother living, 
 then to the place of the abode of fuch father or mother, there 
 to be delivered to fome churchwarden or ovetleer. 17 G. 2. 
 
 c. s^f.7- 
 
 And the judice fhall make a duplicate of the paf« and exaiBi- 
 nation, and fign the fame ; and fhall afterwards tranfmit the du- 
 plicate of the pafs, annexed to the examination, to the next fef- 
 fions, there to be filed and kept on record ; and fhall annex the 
 duplicate of the examination to the pafs, and fend it with the 
 fame; and the faid pals, examination, and duplicate thereof, fhall 
 and may be read in any court of record as evidence. /. 8. 
 
 And the juitice who ftall make the pafs, fhall with the pafs 
 caufe likewife to be dehvered to the conflable a note or certificate 
 ( K ) afcertaining how they are to be conveyed, by horfe, cart, 
 or on foot, and what allowance fuch conftable is to have for con- 
 veying them. / 10. 
 
 And the conftable who fhall receive fuch pafs and certificate, 
 Ihall convey the perfon according to the direction of tiie pafs» 
 the next direft way to the place where he is ordered to be fent, 
 if it be in the fame county, riding, divifion, corporation, or 
 franchife ; if not, he fhall deliver the faid perfon to the conftable 
 of the firfl town, parifh, or place, in the next county, riding, 
 divifion, corporation, or franchife, in the diredt way to the place 
 whither he is to be conveyed, together with the pafs and dupli- 
 I cu:e 
 
tuasranfs. 533 
 
 catc of the examination, taking his receipt for the fame. And 
 fuch conftable (hall without delay apply to fome juftice in the 
 fame county or divifion, who Ihall make the like certificate, and 
 deliver it to fuch conftable, who ihall with all fpeed convey fuch 
 perfon unto the firft parilh, town, or place in the next county or 
 divifion, in the direft way to the place to which he is to he con- 
 veyed. And fo from one coamy or divifion to another, till they 
 come to the place to which fuch perfon is fent. And the confta- 
 ble, who fhall deliver fuch perfon to the churchw::rden or other 
 perfon ordered to receive him, (hall at the fame time deliver the 
 faid pafs, widi the duplicate of the examination, taking their re- 
 ceipt for the fame. /. 1 1. 
 
 And any juflice before whom a vagrant (hall be carried, may 
 order him to be fearched, and his bundles to be infpecled by the 
 conftable or other officer in his prcfence ; and if it fhall appear 
 that fuch vagrant (hall be found to have fufficient wherewithal to 
 pay for his pafiagf, either in whole or in part, the juftice Ihall 
 /order fo much of the money to be paid, or other efteds found 
 upon fjch vagrant to be fold, and employed towards the expence 
 of taking up and pafling inch vagrant, retjrning the overplus, 
 after deducting the charges of fuch fa!e, / iz. 
 
 And the ji-ltices in felfions fhall limit what rates and allowances, 
 by the mile, or othejwife, fhall be made, for conveying or main- 
 taining rogues, vagabonds, or incorrigible rogues ; and make fuch 
 other orders for the more regular proceeding therein, as they fhall 
 think r opcr. / i6. 
 
 Ana if any petiy conftable fhall bring to any high conftable 
 fuch ccrtificare as aforefaid, together with a receipt or note" from 
 the conftable to whom the person v,^s delivered, the faid high 
 conftable fhall pay the rates afcertaitied by fuch certificate, taking 
 the petty conftable's receipt j the high conftable to be allowed the 
 fame by the treafurer on paffing his accounts, on hi= delivering 
 up fuch certificate and receipt, and giving his own receipt for the 
 fame to fuch treafurer ; the fame to be allowed the treafurer ia 
 his accounts, on his delivering up the vouchers aforefaid. And 
 if the high conftable ihall refufe or neglect to pay die fame on 
 demand, it flial! be lawful for one juftice, by his warrant, to levy 
 double the fum by diftrefs, and thereout to allow the petty confla- 
 ble the fum afcertained by the certificate, and fuch other rccom- 
 pence for his trouble, lofs of time, and expences, as the juftice 
 ihall think fit ; the overplus to be returned to the high conftable on 
 demand. And in cities, towns corporate, and other places where 
 there is no h gh conftable, the petty conftable Ihall be allowed 
 what he fhall lo pay purfuant to fuch certificate, in his accounts, 
 on delivering up fuch vouchers : Or if any mafter of a houfe of 
 corredion fhall deliver fuch certificate and receipt to the treafurer, 
 the treafurer fliall pay the fame to him, taking his receipt for the 
 fame, and be allowed the fame in his accounts, on delivering up 
 fuch vouchers. /. 17. 
 
 And by the 26 G\ 2. c 34. Where the high conftable hath 
 not money in his hands fufhcient to anfwer the faid expences, 
 the treafurer fhall pay the fame to fuch petty conftable, on his 
 
 M m 3 proiucing 
 
534 tmagtants. 
 
 producing the certificate, and fuch other vouchers as aforefaid, 
 /z. 
 
 And if any petty conftable, or governor of any houfe of cor- 
 reftion, fhall counterfeit any fuch certificate or receipt, or know- 
 ingly permit any alteration to be made therein ; he fliall forfeit 
 50/. And if he fhall not convey, or caufe to be conveyed, fuch 
 vagrants, or not deliver them to the proper perfon; or if any 
 conftable fhall refufe to receive any fuch perfon, or to give fuch 
 receipt, he fhall forfeit 20 /. by diflrefs and fale by warrant of 
 the juftices in felTions, where the offence fhall be committed ; half 
 to the informer, and half to the treafurer, to be applied by hitn 
 as part of the publick flock ; returning the overplus upon demand, 
 charges of diftrefs being firfl fatisfied. 17 G. 2. c. 5. / 18. 
 
 XII. What to he done with at the place to which he 
 is fent. 
 
 The parilh or place to which any rogue, vagabond, or incor- 
 rigible rogue (hall be conveyed, fhall employ in work, or place in 
 fome workhoufe or almfhoufe, the perfon fo conveyed, until he 
 Ihall betake himfelf to fome fervice or other employment : And if 
 he fhall refufe to work, or not betake himfelf to fome fervice or 
 other employment, the overfeers may caufe him to be carried to 
 fome juflice, to be fent to the houfe of correftion, there to be 
 kept to hard labour. 17 G. 2. r. 5. /. 19. 
 
 But if the churchwarden or other perfon who fhall receive any 
 perfon fo fent, fhall think the examination to be falfe, he may 
 carry the perfon fo fent before a juftfce, who if he fee caufe, may 
 commit fuch perfon to the houfe of correftion till the next fef- 
 fions ; and the juftices there, if they fee caufe, may deal with 
 fuch perfon as an incorrigible rogue : But the perfon fo fent, fhall 
 not be removed from the place to which fent, but by order of two 
 juflices, in the fame manner as other poor perfons are removed to 
 the place of their fettlement. / 1 1 . 
 
 XIII Scottifli vagrants. (L.) 
 
 The conftable of any parifh or place, within the counties of 
 Ckmberland, Northumberland, Durham, or town of Berivici^ 
 Ihall on any perfon being fo delivered to him by a pafs and exa- 
 mination, whofe place of legal fettlement is in Scotland, deliver 
 the examination to the clerk of the peace, to be kept amongtl 
 the records ; and convey fuch perfon with the pafs, into the next 
 adjoining fhire, ilewartry, or place, in that part of the united 
 kingdom, and deliver him to fome conftable or other officer of 
 the next parifli, diftrift, or place within the faid fli're, flewartry, 
 or place, taking his receipt for him ; and fuch officer Hiall receive 
 fuch perfon, and give fuch receipt, and difpofe of him according 
 to law. And if any fuch vagrant, after being io conveyed into 
 S'-otland, fhall be found wandring, begging, or mifbehaviiig him- 
 felf in England, he fhall be deemed an incorrigible rogue. 1 7 G. 2, 
 
Mufsunte. S3 5 
 
 XIF. Irifh vagi-ants. (M.) ^ 
 
 Every mafler of a veflcl bound for Ireland, the Jf.a of Man^ 
 yerfey, Guerrtfcy, qt Scilly, fhall on warrant to him dire<Sed, un- 
 der the hand and fcal of a juftice of the place where fuch vefTel 
 fhall lie (N.), take on board fuch vagrant as fliall be expreffed 
 in the warrant, and convey him to fuch place j and for the 
 charges thereof, the conllable who ferves him with the warrant, 
 ihall pay him fuch rate by the h^ad, as the jurticcs in (eflions Ihall 
 appoint ; and fuch matter fiiall on the back of the warrant fign a 
 receipt for the money fo paid, and alfo for the vagrant fo deli- 
 vered. Which warrant fo indorfed (hall be produced to the jullice 
 who figned and fealed the fame, and upon his allowance thereof, 
 under his hand, the money fo paid {hall be repaid by the county, 
 as other money for conveying vagrants. And fuch mafier neglect- 
 ing or refufmg to traiiiport fuch vagrants, or to indorle fuch re- 
 ceipt, fhall forfeit 5 /. to the poor of the parilh or place where 
 the offence fhall be committed, to be levied by dillrefs and fale of 
 the fhip, or any goods within the fame, by warrant of one juftice, 
 returning the overplus on demand, after the penalty and charges 
 of the fame are fatiified. 17 G. 2. c 5. / 14. 
 
 But no mafter fhall be compelled to take on board more than 
 one vagrant, for every 20 tons burden. / 15. 
 
 XV. Lunatick vagrants. 
 
 Whereas there are foraetimes perfons, who by lunacy or other- 
 . wife, are furioufly mad, or fo far difordered in their fenfes, that 
 they may be dangerous to be permitted to go abroad, it (hall be 
 lawful for two juftices where fuch perfon lliall be found, by their 
 warrant (O.) direfted to the conftables, churchwardens, and over- 
 feers, or fome of them, to caufe fuch perfon to be apprehended, 
 and kept fafely locked up in fbme fecure place within the county, 
 or precinft, as fuch juftices fhall appoint; and, if fuch juftices 
 find it neceffary, to be there chained, if the fettlement of fuch 
 perfon be within fuch county or precinft ; and if nor, then to be 
 fent to the place of his laft legal fettlement by a pafs, mutatis mu- 
 tafidis, and fhall be locked op or chained, by warrant of two ju- 
 ftices of the place to v/hich he is fent : And the reafonable charges 
 of removing, and of keeping, maintaining aod curing fuch per- 
 son, during fuch reftraint (which ftiall be during fuch time only as 
 fuch lunacy or madnel's fhall continue) fhall be paid, fuch charges 
 being firft proved upon oath, by order of two juftices (P.) direft- 
 ing the churchwardens or overfeers where any goods, chattels, 
 lands, or tenements of fuch perfon ihall be, to feize and fell fo 
 much of the goods and chattels, or receive fo much of the annual 
 rents of the lands and tenements, as is neceffary to pay the fame j 
 and to account for what is fo feized, fold, or received, to the next 
 feffions : Bat if fuch perfon hath not an eftate to pay the fame, 
 over and above what fhail be fufhcient to maintam his family, 
 then fuch charges ftialJ be paid by the parifh, town, or place, to 
 ^'^ M m 4 which 
 
536 tEagtants. 
 
 which fuch perfon belongs, by order of two juftlces, direfled to 
 the churchwardens and overfeers for that purpofe. 17 G. 2. 
 c. 5. / 20. 
 
 But this fhall not extend to reflrain the king's prerogative, or 
 power of the lord chancellor, or the chancellor of the county pa- 
 latine of Lancnjlcr, or the chamberlain of the county palatine of 
 Chfjief, concernirg fuch lunaticks ; or to reftrain or prevent any 
 friend or relation of fuch lunaticks, from taking them under their 
 own care and pi o:edion. f. z\. 
 
 XVI. Penalty of lodging vagrants. 
 
 If any perfon (hall knowingly permit any rogue, vagabond, or 
 incorrigible rogue, to lodge or take ftielter in his houfe, barn, or 
 other outhoufe or building, and (hall not apprehend and carry him 
 before a juftice, or give notice to the conftable fo to do ; and fhall 
 be convided thereof by confeflion, or oath of one witnefs, before 
 onejullice; he (hall forfeit not exceeding 40 j. nor lefs than 10/. 
 half to the informer, and half to the poor, by diftrefs and fale. 
 And if any charge (hall be brought on any pari(h or place, by 
 means of fuch offence, the fame (hall be anfwered to the faid pa- 
 rifh or place by fuch offender, and be levied by diltrefs and fale of 
 bis goods a:) aforefaid ; and if fufficient diftref cannot be found, ' 
 fuch offender (hall be committed to the houfe of correclion by the 
 juftice, for any time not exceeding one month. 17 G, 2. c. 5. 
 
 /.23. 
 
 XFII. Children horn in vagrancy. 
 
 Whereas women wandring and begging are often delivered of 
 children, in pari{hes and places to which they do not belong, 
 whereby they become chargeable to the fame, it is enadled, that 
 where any fcch woman (hall be io delivered, and become charge- 
 able, the churchwardens or overfeers may detain fuch woman in 
 their cuftody, until they can fafely convey her to a juflice ; who 
 fiiall examine her, and commit her to the houie of corredion un- 
 til the next feffions, who may, if they fee convenient, order her 
 to be publickly whipped, and detained in the houfe of correftioa 
 for any further time not exceeding fix months. And upon appli- 
 cation by the churchwardens and overfeers of the place where fhe 
 was fo delivered, the jullices at fuch I'eilions fhall order the trea- 
 furer to pay them fuch a fum, as fhall be adjudged a reafonable 
 fatisfaclion for the charges fuch place has been put to on fuch wo- 
 man's account. And if fuch woman (hall be detained and con- 
 veyed to a jallice as aforefaid, the child of which (lie is delivered, 
 if a ballard, (ball not be fettled in the place where fo born, nor bo 
 fent tiii;hcr for want of other fcttlenient, by a paf% by virtue of 
 this 2l& \ but the fettlemcnt of fuch woman ihall be deemed the 
 fettlement of fuch child. 17 G. 2. c. ^. f. 25. 
 
 And that it may appear, that the overfeers have done what was 
 incumbent -.ipon them, in order to avoid fuch fettlement, it is re- 
 quiftte foi the juftice (as iie ought to do in all other cafes wherein 
 
m 
 
^agtatits. 537 
 
 he afteth as judge) to make a record (Q^) of the whole proceed- 
 ings before him ; which record (as it fecmeth) will be the proper 
 evidence in fuch cafe, if the fettlement Ihall afterwards be con- 
 tdled. 
 
 XVIIL General penalty for hindr'mg the execution of 
 the vagrant a5t. 
 
 If any conftable, or other officer, or governor of any houfe of 
 corredlion, (hall be defeftive in his duty, in any cafe for which 
 no punifhment is herein before particularly provided ; or if any 
 perfon fhall hinder the execution of this act ; or fhall refcue any 
 perfon apprehended or paffing from place to place by virtue there- 
 of ; or fliall be advifing, aiding, or affiftjng to his efcape ; and 
 fhall be thereof convitled, on oath of one witnefs, before one ju- 
 ftice, he fhall forfeit not exceeding 5/. nor under ioj. to the 
 poor, by diftrefs ; and if fufficient diitrefs cannot be found, to be 
 committed to the houfe of correction, to be kept to hard labour, 
 not exceeding two months. 17 G. 2. c. 5. f. 22. 
 
 XIX. Charges of maintaining and conveying vagrants. 
 
 To defray the expences of ap-rehending, conveying, and main- 
 taining rogues, vagabonds, and incorrigible rogues, and defraying 
 all other expences necefiary for the execution of tliis ad, not here- 
 in before provided for, the juftices in fefi'cn? n.ay caufe luch fums 
 as (hall be neceffary, to be raifed in the fame manner as the gene- 
 ral county rate. 17 G. 2. f. 5- /. 33. 
 
 XX. Appeal. 
 
 Any perfon aggrieved by any a£l of any juftice out of felfions, 
 in or concerning the execution of this adt, may appeal to the next 
 general or quarter feilion? of the coui.ty, riuing, liberty, or divi- 
 fion, giving reafonable notice thereof; whofe order thereupon fhall 
 i)c final. 17 G. 2. c. 5. /. 26. 
 
 XXI Treble cofls. 
 
 Perfons fued for any thing done in the execution of this afl, 
 may plead the general iilue ; and if they recover, fhall have treble 
 colls. 17 G. 2. c. 5. / 34. 
 
 XXII. Exception of fpecial franchifes, 
 
 Tn all cities and town?, where by virtue of fpecial afts of par- 
 liament, the charge of pafiing vagrants is to be defrayed in other 
 manner than is by this aft directed ; or where fuch vagrants, by 
 virtue of fpecial llatutes, are to be apprehended and conveyed t^ 
 any perfon or officer, other than thofe named in this aft, the 
 fame (hall not be altered hereby : And perfons conveyed in London, 
 
 fliaJi 
 
538 MnQtants, 
 
 fhall not be delivered in any other precinft within the city, bat in 
 
 the next county. 17 G\ 2. <-. 5. / 27. 
 
 A. Order upon tlie overfeer to pay 5J. for appre- 
 hending a perfon begging in his own pariQi. 
 
 W fV 1 d i ^^ ^^^ overfeers of the poor of the parifh of 
 I in ihe faid county. 
 
 WHEREAS // du/y appears unto «r^ John Moore, efquire^ 
 one of his majtjiys jujiices of the peace in and for the /aid 
 
 county, that A. O. of in the parijh of • in the faid 
 
 county, an idle and diforderly perfon, did on the ■ day o f 
 
 go about from door to door [or, place himfelf in the fireets, highivays^ 
 and pajfages'\ in the faid pari]}}, to beg and gather alms there; and 
 
 Kvas then and there apprehended in the /aid parijh of hy A. A. 
 
 en inhabitant of the faid parijh, and nvas by him brought hejore me 
 in order to be dealt ivithal according to laiju : 1 dj hereby order you^ 
 crfamc, or one of you, to pay unto the faid A. A. the fum of !^%. on 
 demand, as a reivard for apprehending the fid A. O- he producing 
 and dclinjering to you this order ^ and giving to you a receipt for the 
 faid fum. Given under my hand and feal, at Grimefllill in the 
 
 faid county, the 'day of in the *^ year of the 
 
 reign cf 
 
 B. Mariner's licence to pafs unapprehended. 
 
 We(T 1 d 5 "^^ ^^ conftables and others whom it may con- 
 ( cern. 
 
 WHEREAS// appeareth unto me George Stephenfon, efquire^ 
 one of his majejlys jujiices of the peace for the faid county^ 
 that A. M. mariner, did on the ■■ day of land at 
 
 in the faid county, and that he hath nothing njcherevjithal to relieve 
 himfdf, and that his lanjcful place of abode is at — — — / do hereby 
 licenfe him to pafs in • days time, through the tovcns c f 
 
 and in the direct v:ay to — — — aforefaid ; and to afk and 
 
 tahefuch rclif in his travel in fuch dire^ voay as aforefaid as ««y 
 perjon Ihall vjillingly give him. Given under my hand andfeal, at 
 Warcopp in the Jaid county, the day of - in the year 
 
 of our lord ■ 
 
 I 
 
 c. 
 
 r lora — 
 
 Order for payment of loj. for apprehending 
 a vagrant. 
 
 Weftmorland. < To the high conflable of 
 
 WHERE. AS it duly appeareth u>;to me John Thomfop, 
 ifquirc, one of his mn'jeftys jujiices of the peace for the J'aui 
 county, that A. R. « rogue ami vagabond, vjas found VJundring avd 
 begging [or, as the cafe fhall be] in the parijh of- in the faid 
 
 (Qunty; vjhkb faid A. R. v:as this day brought before me by A. ■!• 
 
UasJ^atit^. 539 
 
 %f j'rr.TT-, in order to he dealt moithal according to lanu : / 
 io hereby order you to pay utito the /aid A.\. as a reward Jar appre- 
 hending and bringing before me the Jaid rogue and vagabond, the fuTft 
 of 10 s. nvithiu one 'week after demand thereof madc^ upon his pro 
 ducing and deli'vering to you this order, and giving unto pu his receipt 
 for the faid juni. Given under my hand andfealy at Brough in the 
 faid county y the ■ day of 
 
 D. Warrant for privy fearch. 
 
 TV (T 1 J 5 '^° '^^ ^'S^ conftable of Lonfdale Ward within the 
 \ faid county. 
 
 AT a meeting of the jujlices of our lard the king ajfigned to keep 
 the peace nxithin the faid county, held at -! for the dii'i- 
 
 Jion of Lonfdale Ward ajorcfnd, this — ■ day of in the 
 
 ., .year of the reign of ■ ■ by us — — — efquires, ttco of 
 
 the faid jiif ices, affcmbled at the faid mteting, being rejident, li-ving^ 
 and divelling within the faid divifon : 
 
 We do hereby command you forthnxiith to iffue your toarrants to all 
 the petty confables ixithin your faid U ard, for the making of a ge- 
 neral privy fearch for rogues and vagabonds, accorditig to the form 
 
 hereon indorfed. Given under cur hands and feals at afcre- 
 
 faid in the county aforefaid, the day and year aforefaid. 
 
 The form of the faid high conftable's warrant. 
 
 BY virtue of a precept from his majeffs jujlices of the peace for 
 the faid county, nSiing in and for the fuid Ward, at their fpt- 
 cial meeting for that purpofe afj'emhled, you are hereby required in his 
 faid majtjifs name, comtnanding and taking to your ajftjiance fuficient 
 men vcithin yotir conftablcvuick (vcho are hereby required to a£iji you 
 accordingly), to make a general privy fearch, in the night of the 
 
 day of throughout your faid conjiablevjick, for the 
 
 finding atid apprehending of rogues and vagabonds : And fuch as you 
 Jhall jo find upon fuch jearch, you are to carry fort htvith before fome 
 of his faid 7nujtfiy s jufiices of the peace for the faid county, to be 
 dealt ivithal according to lavj. Herein jail you net. Given under 
 
 my hand the ■ • " day of - ■ in the year of our lord- — • 
 
 Edward Cooke, high conjl^ble, 
 
 E. Examination of a vagrant. 
 
 Wellmorland. ' ■ '' H E examination of A.O. a rogue andva^' 
 H bond, taken on oath before me one cfhif 
 
 piajfjiys jufiices of the peace in and for the Jaid county, the » 
 
 4uy o f y — in the • year of the reign of———— 
 
 Wh 
 
54° Mastants. 
 
 who on his oath faith. That he nvas hern at — — — [and fo trace 
 out the hiftory of his life, fo far forth as to afcertain his legal 
 place of fettlement.] A. O. 
 
 'Taken and Jtgned the day and year aho've -f- 
 
 ivritten, hefire mt tht above/aid his mark. 
 
 J P- 
 
 F. Warrant to the conftable for whipping a vagrant. 
 Weftmorlandi To the conftable of 
 
 F 
 
 O R A S M U C H as A. O. a rogue and 'vagabond, 'vjas this 
 day found ivandring and hegging, in the parijh o f ' ■■■ ■- in 
 the faii county, not haniing obtained any legal fettlement there, and 
 twas thereupon apprehended, and is noiu brought before me Hugh 
 Robinfon, clerk, one of the jufiicts of our lord the king, affigned to 
 keep the peace ivithin the faid county, that he may be punifhcd and 
 dealt <v:ithal according to latu : Thefe are therefore to command you 
 to f rip, or caufe to be fi ripped, the faid A. O, naked from the middle 
 iip^uards, and to ivhip him or caufe him to be publickly <uihipped at 
 the common nvhipping pofi in your faid parifh ; and afterijoards to 
 remo've and ton'vcy the faid A. O. according to the direilions of the 
 fafs herewith delinjered to you. Gi'ven under my hand andfeal, at 
 
 Lowther in the faid county , the day of in the 
 
 year 
 
 G. Commitment of a vagrant to the houfe of cor- 
 reftion. 
 
 1 
 
 To the conftable of in the faid county, 
 
 Weftmorland."^ and to the keeper of the houfe of correftion at 
 in the faid county. 
 
 FORASMUCH as h.O. a rogue and vagabond, nvas this 
 day found ivandring and begging i» the parijh of — in 
 
 the faid county, not halving obtained any legal fettlement their, and 
 nvas thereupon apprehended, and is noiv brought before me Richard 
 Burn, clerk, one of the juflices of our lord the king, offigiied to keep 
 the peace ivithin the faid county, that he m/^y he punifhed and dealt 
 miithal according to laiv : Thefe are therefore to comTuand you the faid 
 conliablc, to carry the faid A . O. to the faid houfe of correal ion, and 
 deliiier him to the faid keeper thereof, together ix-ith this ivarrant : 
 And I do hereby command you the faid keeper to recei've the faid A. O. 
 into your cuflody in thefatd houfe of ccrreilion, and him there fafely 
 to keep until the next general quarter fefftons of the peace to be holden 
 for the faid county : And ha've you him then there, together nvith 
 ibis precept. Gii'en under my hand ar.d feal at Orton in the faid 
 county, the » n da\ of < ■ in tht year of the reign 
 
 H, Vagrant 
 
H. Vagrant pafs within the fame jurifdidion. 
 
 "To the conftable of' in the faid county, to 
 
 receive and convey ; and to rhe churchwardens, 
 
 Welbnorland -^ chapelwardens, or overfeers of the poor of the 
 
 parifh of in the faid county, or either of 
 
 them, to receive and obey. 
 
 WHEREAS A. O. ims apprehended nvithin the covfiable- 
 iKick of' aforffaid, in the county afcrcfaidy as a 
 
 rogue and njagabcnd, videlicet, ————— and upon exatninaticn of 
 the faid A. O. taken before me ]. P. efquire, or.c of his majeffs 
 jufices of the peace in and for the faid county (^^hich examination is 
 hereunto annexed) it doth appear, that • 'Thefe are there- 
 
 fore to ref^uire you the faid conjlable to coni'ey the faid A. O. in :hi 
 
 next diriQ ivay to the faid parifi> of ixithin the faid county^ 
 
 and there to deli'ver him to fame church'X<.•arden^ chatehvarden, or 
 
 cuerfeer of the poor of the fame parifti of to be there pro^cided 
 
 for according to lanu, /.nd you the fid church-iuardins, chapel- 
 ivardens, and overfeers of the poor, are hereby required to recei've the 
 faid perfon, and provide for him as afirefuid. Given under my hand 
 andfeal the day cf " in the year cf our lord - 
 
 I. Vagrant pa{s from county to county. 
 
 f To the conftable of in the faid county 
 
 Iof W. and alfo to all conftables and other of- 
 ficers whom it may concern, to receive and 
 Weftmorland ^ convey ; and to the churchwardens, chapel- 
 wardens, or overfeers of the poor of the pa- 
 
 rifii of in the county of or 
 
 either of them, to receive and obey. 
 
 WHEREAS A. O. ixias apprehended in the ton.>:vfiip of 
 — ■ • afore faid in the county of W. a fort faid, as a rogue 
 
 and 'vagabond, videlicet, ■ and upon examination of the faid 
 A. O. taken before /«? J. P. efquire, one of his mnjefysjujiices of the 
 peace in and for the faid county of W. upon oath (ivhich examination 
 is hereunto annexed) it doth appear, that' Thefe are there- 
 fore to require you the faid conjlable to con'vey the faid A. O. to the 
 
 to'u.n of- in the county of that being the frjl to'vcn in 
 
 the next precinSl through ivhich he ought to pafs in the direci ivay to 
 
 the faid parijh of in the county of to ivhich he is t9 
 
 be lent, and to deli'ver him to the confable or other ojfficer offuchfrjt 
 toiun infuch next precinEt, together ijuith this pafs, and the duplicate 
 of the examination cf the faid A . O. taking his receipt for the fame. 
 And the faid A. O. is to be thetice connjeyed on in, like manner to the 
 faid parifh of • in the county of there to be deli'ver ed to 
 
 fome of the churchivardcns or o'verfeers of the poor of the fame parifh 
 of——— to be there pro<videdfor according to laiv. And you the 
 I. '.id churchix ardent, chapeliuardenSi and ovcrfcrs cf the poor are 
 
 hereby 
 
 S+i 
 
542 tKasiants. 
 
 hereby rt quired to recei've the faid per/on, and pro-vide for him at 
 aforcfaid. Gi'vcn under jny hand and feal the ■- ■ ■■ day of 
 
 . in the ytar cf our lord • . 
 
 K. The certificate, according to the direflions of 
 the ftatute, fhall be in the form, or to the 
 effed following j 
 
 WHEREAS hy apafs (reciting the fubftarce or efFeft of 
 the faid pafs) / (oi- 'uje) do hereby order and direil the /aid 
 per/on (or peifons) to he con'veyed on foot (or, in a cart, or hy horfe^ 
 
 Sec.) Jo thef:idtoii:n, {ox parijh) of in (or other 
 
 place, defcribing it) in the njoay to fuch parijh (toi>:n, or place, as 
 
 the cafe fhall be) in days time; for tjuhich the /aid confablt 
 
 (5:c.) is to be allo'med the fum of and no more. Gtrjcn 
 
 under my hand (or our hands) this day, &c. 
 
 L. Vagrant pafs to Scotland. 
 
 'To the conftable of in the faid county of 
 
 H''. and alfo to all conftables and other officers 
 IV a '^ A J vvhom it may concern, to receive and convey ; 
 Ueltmonand.<; ^^^ ^^ ^^j co„j^ab,g3 ^^^^ oj^cr officers within 
 
 I that part of Great Britain called Seotland, 
 (^ whom it may concern, to receive and obey. 
 
 H E R E A S A. O. ivas apprehended in the toivn of • • 
 
 ajorefaid in the county cf W. aforefaid, as a rogue and 
 (uagaboTtd, videlicet, ■ and upon examination of the faid 
 
 A. O. taken before me J. P. cfquire, one of his majcfy's jufices oj the 
 peace in and for the Jaid county ofW. upon oath (^vhich examination 
 is hereunto annexed) it doth appear, that his laivful place cf fett le- 
 nient is in that part of Great Britain called Scotland : Thefe are 
 therefore to require you tlM f^iu conjiable cf • ■ aforcfaid in 
 
 the county of W. aforefaid, to convey the faid A. O. to the to'wn of 
 
 ^ in the county of that being the firfl tonicn in the 
 
 next precinSl through '■•.uhich he ought to pafs in the direct <way to 
 that part cf Great Britain celled Scotland aforefaid, to 'which he is 
 to be fent, and to deliver him to the confiable or other oficer of fucb 
 firfi toivn in fuch next prccinSI, together nuith this pafs, and the 
 duplicate of the examination of the faid A. O. taking his receipt for 
 the fame. /Ind the faid A. O. is to be thence conveyed on in like 
 tnanner into the next adjoining fire, feivartry, or place, in that 
 fart of Great Britain called Scotland aforefaid, and is there to be 
 delivered to fame corf able or other officer of the next parif, dijirid, 
 or place vcithin fuch next adjoining Jhire, fe-wartry or place aforefaid, 
 taking his receipt for the fame. And fuch next off.ccr in that part 
 ef Great Britain called Scotland aforejaid, is berehy required to 
 r£ceive /he faid A. O. and give fuch receipt as aforefaid, and to 
 difpofe of him the faid A.O. according to lu^v. Given under v.y 
 band and feal thii - day ^ - " in the year of our 
 
 lord ■ M. VagranC 
 
'■y 
 
 '1 
 
taasrants. 543 
 
 M. Vagrant pafs to Ireland. 
 
 r To the cooftable of in the feid county ^ 
 
 * and alio to all conftables and other officers 
 WeftmOrIand.< whom it may concern, to receive and convey j 
 I and to all other officers of the peace whom ic 
 i, may concern, to receive and obey. 
 
 w 
 
 HEREAS A. O. ivas apprehended in the toiuti of • 
 
 /;/ the faid county as a rogue and vagabond, videlicet, 
 and upon examination of the faid A.O. taken it fore me 
 
 J. P. efquire, one of his majejlys jujlices of the place in a?idfor the 
 faid county upon oath (ixhich examination is btrrunto annexed) it 
 doth appear^ that the ianvful fettlement of him the faid A. O. is in 
 the kingdom of Ireland : Thcfe are therefore to require you the /aid 
 conftable of to convey the faid K. O. to the toivn of 
 
 in the county of '■ " that being thefirjl to^wn in the next precin^ 
 through nvbich he ought to Pafs, in the direB ivay to the faid king- 
 dom of Ireland, to ^which he is to be fent, and to dtli-ver him to the 
 conjlable or other officer of fuch fif to'ZKn in fuch next precin£I, 
 together nioith this pnjs and the duplicate of the examination of the 
 faid A.O. taking his receipt Jor the fame. And the faid K. O > 
 is to he thence ccn-veyed on in like tncmner^ until he fall arri've i« 
 the county ef - ■, and the confahle or other cficer to 'vohons 
 
 he Jhall be dclinjered in the /aid county of // hereby required 
 
 to apply to fame juf ice of the peace in aiidfor the faid county of 
 
 for a -ivarrctnt to the ma/ier of any /hip or me/fel bound for the faid 
 
 kingdom of Ireland, that fjall lie in the faid comity cf — • to 
 
 take on board the faid /hip er n>e//el him the /aid A. O. and ccnniey 
 him to fuch place in the /aid kingdom of Ireland, as fuch /hip or 
 1>efel /hall be bound unto. Gii'en under my hand and /e a I the • ' ■ 
 day 0/ in the year of our lord . 
 
 N. Warrant to a mafler of a fliip to export a 
 vaerant. 
 
 Cj. P. efquire, one of the juftices of our lord the 
 
 j king, affigned to keep the peace within the 
 
 „- „ , , j faid county. To A. M. mailer of the (hip called 
 
 Weftmorland.<' ^j^^ '_ ^^ ^^^^ l^i^g „^ being at 
 
 j ' and bound for in the king- 
 
 C ciom of Irelandy fendeih greeting. 
 
 THESE are in the ttame of our faid lord the king to require 
 you to take on board the faid /hip, A. O. a?id B. O. 
 •vagrants, both of them being ^t.iti'ves of the kingdom of Ireland 
 fforefaid, and haijing no fettlement in England, and them to con<vey 
 
 to aforefaid, in the kingdom of Ireland aforefaid, or to fuch 
 
 other place in that kingdom as you /hall arriue at ', and for the 
 (barges thereof you f'dU take^ and A, C, itnJUkh of — ~^~— at 
 
 the. 
 
544 WiaQtmts. 
 
 the time he /hall ffrnje you luith this 'ivarrant, Jball pay, , and ft 
 hereby required to pay unto you the futn of' • in the ivho/e, 
 
 that is, at the rate of head for each of the /aid va- 
 grant! fo to he deli'vered unto you, the fame bei>:g the rate lafi 
 appointed by the jujiices of our faid lord the king, ajjignrd to keep 
 the feace nvithin the faid county y at their general quarter fejjioiit 
 tf the peace held in and for the faid county. And you are on the 
 hack of this warrant, to fign a receipt for the moTUf Jo paid, and 
 alj'o for the /aid lagrants fo delivered unto you. Given under my 
 
 hand and feal, at in the /aid county, the • day of 
 
 • in the ■ year . 
 
 O. Warrant to fecure a lunatick. 
 
 W ft 1 f1 i '^^ ^^^ conftables, churchwardens, and over- 
 l feers of the poor of ■ ■ 
 
 WHEREAS it hath been proved before us — — tnuo of 
 the ju/lices 0/ cur lord the king, ajfgned to keep the peace 
 nvithin the faid county, upon the oaths of A. W. and B. W. both 
 
 of thi parijh of in the county af or if aid, gentlemen, that 
 
 A. L, late of ■ 'frequently goeth at large in the faid parijh 
 
 of and that he the faid A. L. is by lunacy fo far difor- 
 
 dered in his fcnfes, that he is dangerous to he permitted to go abroad, 
 and that his legal /ettlenunt is in the parijh of ■ The/e 
 
 ere therfare to authorize and require you, and evef-y of you, to 
 caufe the faid A. L. to be apprehended and kept fafely locked up in 
 
 the houfe of A. K. at in the faid county, the faid A. K. 
 
 heing ^willing to keep and entertain him the /aid A . L. for a rea- 
 fonable alkixance in that behalf, and the faid houfe being a fecure 
 place : And the faid A. T.. is to be kept /o locked up only /o long as 
 fuch lunacy or di/order /hall continue, and no longer. Given under 
 our hands and /eals, at — — — in the faid county, the — — — day 
 of . 
 
 P. Order to charge the Innatick*s eftate, with his 
 keeping, maintenance, and cure. 
 
 \KT n. 1 J C To the churchwardens and overfeers of the poor 
 Weftmorland. -{r. -ru c -urj 
 
 t or the panlh of—— in the laid county. 
 
 WHEREAS A. L. late of in the faid county, 
 being a perfon lunatick, and fo far difordercd in his /enfes 
 that he nvas and is dangerous to be permitted to go abroad, hath by 
 
 ^warrant under the hands and /eals of us t-ix'o of his ma- 
 
 jeffs jufices ff the peace for the faid county, been apprehended and 
 
 fafely locked up in the hou/e of A. IL. at in the faid county, 
 
 the faid houfe being a fecure place for that putpcfe ; And i\:hcrcat 
 it appears to us, en the oaths of C. W. churchnxcudcn, and O. P, 
 aveifcer c./ the poor cf thf pnrijh of ->■ ••••■ - - ■ that they the faid 
 
 fiurchviardeH 
 
MHQtmtS. 545 
 
 thurcoivardi^: aval o'veifter ha've reafonahly ex[>£tii.icJ the ftim of 
 • in rcmo'ving the /aid A, L. to the fo.id houfe of the faid 
 A. K. arid in keepings mj.intaining, and curing him there: Thefe 
 are therefore to authorize and coinmand you, to fcize and fell fa 
 much of the goods and chattels, and to receinje fo much of the an- 
 nual rents oj tht lands a fid tenements of him the faid A. L. ivilhin 
 your faid parifh, as fait be neceffary to fay the fame: And for 
 nvhat fjcill be fo fixed, fold, or recei'vcd by you, you are to account 
 at the next quarter fffions of the peace to be holdi n for the faid 
 county. Given under our hands and feals, at — — — in the faid 
 county, the day cf . 
 
 Q^ Record to avoid the fettlement of a baflard 
 child born in vagrancy. 
 
 Weftmorland. T^ E // remembred, that on the day of 
 
 J3 '•' the ■ -^ear of the reign of our 
 
 fovereign lord George the fecond. of Great Britain, France, and 
 Ireland, king, defender cf the faith, a7id fo forth, A. B. ard 
 C. D. oi-erficrs of the poor of the parijh of • in the faid 
 
 county, at in the faid county, do bring unto me • one 
 
 of the jufiices cf our faid lord the king, pffigned to keep the peace 
 mcilhin the faid county, and ofo to hear and determine divers fe- 
 lonies, trfpnffes, and other m'fdcmeanors in the faid county commit- 
 ted, the body of one A. P. atid do complain unto me the juflice afore - 
 faid, and gi-ve me to be informed, ''That on the — — — ^ day cf 
 ' ' in the year aforefaid, at ■ in the furifh aforfjaid^ 
 
 in the county aforrfaid, fhe the faid A. P. vjas nxiandring and beg- 
 ging, and that fhe the faid A. P. then and there, to ^wit, on the 
 
 faid -^—— day of — at ■ aforefaid, in the parifh 
 
 aforefaid, and county aforefaid, fo ivandring and begging, ivas de- 
 livered of a (male) child; and that thereby fhe the fiid A. P. hath 
 become chargeable, and is^ no'vj chargeable, to the faid pariffj of 
 ■ and that fhe the faid A. P. had not then, nor yet hath anf 
 
 lanxfid fettlement in the faid parify of And thereupon they 
 
 the faid o'verfeers of the poor of the parifh aforefaid, do pray of 
 me the juflice aforefaid, that for themfel'ves and for the other in- 
 habitants of the parijh aforefaid a due remedy may be prcvidid, and 
 that juflice may be done in that behalf, according to the form of 
 the flatute in that caf made. Which complaint, i7iformation, and 
 prayer, by me the juflice aforefaid being heard, 1 the faid J. P. at 
 
 •• aforefaid, in the county aforefaid, on the faid day 
 
 of — — — in the year aforefaid, upon the examination of the faid 
 A. P. upon oath by me unto her upon the holy gfpels of god admi- 
 nifind, and upon other lanvful evidence and teflimoni before me had 
 and made, do find the faid complaint and information to be true. 
 And thereupon it is confdered by me the juflice aforefaid, that fl.e 
 the faid A. P. he committed^ and is by me committed, to the houfe 
 of corredion at • in the county aforefaid, until the next 
 
 quarter fcfjions of the pence to be holdcn nxnthin and for the faid 
 county. In trfli?ncny n.K'hereof, I the fid J. P. the jujlice afore- 
 Vol. II. ' N n faid^ 
 
546 oaarrant. 
 
 faid, ai ■ ■ aforcfaid, in the county afcrrfatd, the 
 
 day of" afonfaidy in the year oforejaid, unto this record 
 
 iio fit ny feal. 
 
 <IIe(Inm* See ^tampjs* 
 
 ^lenicc* Sec p^ocefs* 
 
 Orrti!?f* See 3nra20* 
 
 Ocrfiu'cc. See (2£,ccffe» 
 
 afsualieis* See ^IrfjOUfCSf* 
 
 Cllincijar* See Crcifc. 
 tlnlatuful alTcmbfp* See m'ot 
 
 oaiages* See ^eriants* 
 fflltarrant. 
 
 FO R a warrant to fearch for ftolen goods, fee ^tA\t\) 
 COarraut. 
 If a juftice fee a felony or other breach of the peace committed 
 in his prefence, he may in his own perfon apprehend the felon ; 
 and fo he may by word command any perfon to apprehend him, 
 and fuch command is a good warrant without writing : But if the 
 fame be done in his abfence, then he mull iffue his warrant in 
 writing* z H. H. 86. 
 
 Concerning which we will Ihew, 
 
 /. For what caufes it may he granted. 
 
 II. What h to he done previous to the granting 
 
 of it. 
 
 III. How far it is grant able on fufpicion. 
 
 IV. The form of it. 
 
 L For what caufes it may he granted. 
 
 There feems to be no doubt, but that a warrant may be law- 
 fully granted by any juftice, for treafon, felony, or prarmuinre, 
 or any other offence againft the peace : Alfo it feems clear, that 
 wherever a ftatute gives to any one juftice a jurifdidion over any 
 ofFence, or a power to require any perfon to do a certain thing 
 ordained by fuch Ilaiute, it impliedly gives a power to every fuch 
 
 juftjcs 
 
Wt&nant _ '547 
 
 Jiiftice to make out a warrant to bring before him any perfon ac- 
 cufed of fuch offence, or compellable to do the thing ordained by 
 fuch ilatute ; for it cannot but be intended, that a llacuce giving a 
 perfon jurifdidion over an offence, doch mean alfo to give him the 
 power incident to all courts, of compelling the paty to come be- 
 fore him. 2 Ilaiv. 84. 
 
 But in cafes where the king is no party, or where no corporal 
 puni/hment is appointed, as in cafes for fervants wage?, and the 
 like, it feemeth that a fummons is the more proper procefs ; and 
 for default of appearance the juftice may proceed: and fo indeed 
 oftentimes it is direfted by i'pecial ftatutes. 
 
 //. What is to he done previous to the granting of it. 
 
 It is convenient, tho' not always neceflary, that the party who 
 demands the warrant be firll examined on oath, touching the whole 
 matter whereupon the warrant is demanded, and that examination 
 put into writing. i //.//. 582. 2 H. H. ill. 
 
 Or at leaft it is fafe to bind him over to give evidence; lell 
 afterwards when the offender (liall be apprehended, or fhs.U fur- 
 render himfelf, the party that procured the warrant be gone. 
 Da/t. c. 169. 
 
 ///. Hozv far it is grantable on fiifpicioft. 
 
 Lord Hale proves at large, contrary to the opinion of Lord 
 Coke (4. Irft. 177.) that a juftice hath power to iffue a warrant to 
 apprehend a perfon fufpefted of felony, before he is indifted ; 
 and that, tho' the original fufpicion be not in himfelf, but in the 
 party that prays, his warrant. 2 H. H. 107 — i lo. 
 
 For the joftices are judges of the reafonablenefs of the fufpi- 
 cion, and when they have examined the party accufing, touching 
 the reafons of his fufpicion, if they find the caufes of fufpicion to 
 be reafonable, it is now become the juflices fufpicion as well as 
 theirs. 2 H. H. 80. 
 
 And in another place fpeaking of this opinion of Lord Coke, he 
 delivers himfelf fcemingly with a kind of warmth not ufual to 
 him : I think, fays he, the law is not fo, and the conilant praftice 
 in all cafes hath obtained againft it, and it would be pernicious to 
 the kingdom if it (hould be as Lord Coke delivers it ; for malefac- 
 tors would efcape unexamined and undifcovered, for a man may 
 have a probable and ftrong prefumption of the guilt of a perfon, 
 whom yet he cannot pofitiveiy fwear to be guilty, i H. H. !;yq. 
 
 Mr. Haivkins likewife feems to be of the fame opinion agamft 
 Lord Coke, but delivereth himfelf with his wonted caution and 
 candour: It feems probable, he fays, that the praftice of juftices 
 of the peace in relation to this matter, is now become a law, and 
 that a juftice may juftify the granting of a warrant for the arreft of 
 any perfon, upon ftrong grounds of fufpicion, for a felony or other 
 mifdemeanor, before any indidment hath been found againft him } 
 yet inafmuch as juftices claim this power rather by connivance, 
 than any exprefs warrant of law, and fince the undue execution of 
 
 N n 2 it 
 
54S oniartaitt* 
 
 it may provt fo highly prejudicial to the reputation as well ar the 
 liberty ot the party, a juftice car.iiot well be too tender in his pro- 
 ceedings of this kind, and ieems to be punifhablc not only at the 
 fuit ot the king, but alfo of the party grieved, if he grant any 
 fuch warrant groundlefly and malicioufly, without fuch a probable 
 caufe as might induce a candid and impartial man to fulped. the 
 party to be guilty. 2 Haiv. 85. 
 
 But a general warrant, upon a complaint of a robbery, to ap- 
 prehend a// perfons fujptiied^ and to bring them before a jullice, 
 hath been ruled void ; and falfe imprifonmcnt lies againft him that 
 illues fuch a warrant, i H. H. 580. 2 11. H. 112. 
 
 IV. The form cf it. 
 
 1. Mr. Dalton fays, the warrant is the better, if it bear date 
 of the place where it was made. Dale. c. 169. 
 
 And Lord Hale fays, the place, tho' it niuft be alledged in 
 pleading, need not be exprefled in the warrant. 2 H. H. in. 
 
 And Mr. Ha'u.kins fays. It is fafe, but perhaps not neceffary, 
 in the body of the warrant to fhew the place where it was made; 
 yet it feems neceffary to fet forth the county in the margin at lealt, 
 if it be not fet forth in the body. 2 tt?-cc. S ;;. 
 
 2. It may be directed to the fheriff, bailitf, conftable, or to any 
 indifferent perfon by name who is no officer ; for the juitice may 
 authorize any one to be his officer, whom he pleafes to make 
 fuch ; yet it is moii advifable to dircdt it to tiie conftable of tiie 
 precincl wherein it is to be executed, for that no other conilable, 
 and a fortiori no private perfon, is compellable to ferve it. 
 zHai'j.Sy. Dalf. c. 169. 2 H. H. no. 
 
 But in the cafe of an act of parliament, it is faid, that if the 
 afldiredeth that a juilice ihall grant a warrant, and doth not fay 
 to whom it fnall be direded, by confcqucnce of law it mull be 
 directed to the conllable, and it cannot be directed to the fherilF, 
 unlefs fuch power ib given in the acl. L. R^iym. 1192. z Salk. 
 
 381. 
 
 3. The warrant may be Riled in divers manners : As, i . In 
 the name of the king ; and yet the telle mull be under the name 
 of the juftice that grants it out. Or, 2. It may be ftiled and 
 made only in the name of the juilice. Or, 3. It may be made 
 without any fuch ilile, and only under the telle of the juftice, or 
 only fubfcribed by him. As followeth ; 
 
 In the king's majeity's name. 
 
 V/eftmorland. •'N EORGE the ftcond, by the grace cf god, of 
 
 VJ Great Britain, France, atid Ireland, king, de* 
 
 fender of the faith, and fo forth ; 'Jo our Jheriff of the county of 
 
 to the high confab Us of the hundred of iti the famt 
 
 county, and to the petty conjiables of the tonxn of in the faa%t | 
 
 county, and to all and Jingular our bailiffs and 7ninijhrs in the famt I 
 county, as fjcll nxithin liberties, as nxitiaut, greeting : 
 
 Forafmucb 
 
saavratit, 549 
 
 Forafmuch as A. I. of l?at/j come before J. P. efquire, 
 
 one 'f our jufiicei ajjigmd to keep our peace ivit/jin the jaid county, 
 and hath Sec. 
 
 (Concluding it in the juftice's name, as thus ;) JVitnifs the f aid 
 J. P. at the day of . 
 
 Note, That whercfoever the warrant is made in the king's 
 name, there it ought to be direded to all minifters as well within 
 liberties as without, for that the king is made a party : And fo ic 
 may be done in all other warrants, efpecially for felony, or for 
 the peace or the good behaviour, becaufe it is the fervice of the 
 king. Da/t. c. 1 74. 
 
 Or thus, in the name of the juflice himfelf; 
 
 Weftmorland. T P. efquire, one of the juflices of our lord the itng, 
 
 •/ * afjigiied to keep the peace ^within the faid county ; 
 
 To the fkeriff of the faid county, to the bailiff or conftahles of the 
 
 hundred of ^vithin the faid county, to the petty conflahle$ 
 
 of the tonxn of '^o^ithin the faid hundred and county, and to 
 
 all other the tnitiijiers and offcers of our faid lord the king ivithin 
 tl>e ftid county, and to t"jety of them, greeting : 
 
 Forafnuch as Scz. Gi-ocn under my hand and feal the ■■ - 
 
 day cf Szc. Dalt. c. 174. 
 
 4. Regularly, the warrant, efpecially if it be for the peace or 
 good behaviour, or the like, where fureties are to be found or re- 
 quired, ought to contain the fpecial caufe and matter, whereupon 
 it is granted, to the intent that the party upon whom it is to be 
 ferved, may provide his fureties ready, and take them with him to 
 the juftice to be bound for him ; but if the warrant be for treafon, 
 murder, or felony, or other capital offence, or for great confpira- 
 cies, rebellious afl'emblies, or the like, it needs not contain any 
 fpecial caufe, but there the warrant of the jufticc may be to bring 
 the party before him, to make anfwer to fuch things or matters 
 generally, as fhall be objefted againft him on the king's behalf. 
 Dalt. c. 169. 2 Hcnu 85. 2 //.//. III. 
 
 Eut Mr. Latnhard fays, every warrant made by a juftice of 
 the peace ought to comprehend the fpecial matter upon which 
 it proceedeth ; even as all the king's writs do bear their proper 
 caufe in their mouth with them : And as for the form that is com- 
 monly ufed, to anfwer to fuch things as fhall he ohjcded, and fuch 
 like, they were not fetched out of the old learned precedents, 
 but lately brought in by fuch as either knew not, or cared not, 
 what they writ. Lamh. 87. 
 
 5. The warrant ought regularly to mention the name of the 
 party to be attached, and muiV not be left in generals, or with 
 blanks to be filled up by the party afterwards, z H. H. 114. 
 Dalt. c. i6g. 
 
 6. The warrant may iffue to bring the party before the ja- 
 ftice who granted the warrant fpecially, and then the officer is 
 bound to bring hira before the fame julHce ; but if the warrant be 
 
 N n 3 to 
 
550 Mattl), 
 
 to bring him before any juftice, then it is in the eleflion of th© 
 officer to bring him before what juftice of the county he thinks 
 £t, and not in the eledion of the pnfoner. i /f. //. 582. z H. 
 H. 112. 
 
 7. It ought to fet forth the year and day wherein it is made, 
 that in an adtion brought upon an arrefi: by virtue of it, it may- 
 appear to have been prior to fuch arreft; and alfo, in cafe where 
 a ftatute direftcth the profecution to be within fuch a time, that 
 it may appear, that the profecution is commenced within fuch 
 time limited : Likewife, where a penahy is given to the poor of 
 the parifh where the offence fhall be committed, or the like, 
 it ought to fpecify the place where the oifence was committed. 
 2 Ha^u;. 85. 
 
 8. Finally, it ought to be under the hand and feal of the juftice 
 who makes it out. 2 Ha^^v. 85. 
 
 The execution of a warrant belongs to title IHrrcft. 
 
 QHatcl). 
 
 Watch and "^TTATCHING is properly intended of the night, and 
 
 waid. W warding for the day time. Dalt. c. 104. 
 
 Watches are of three kinds : 
 
 By the ftatute of '• That which is appointed by the ftatute of Winchfjltr, c. 4. 
 
 Wuicherter. and is inforced by the 5 H. 4. c. 3. which is. That from Afcen- 
 fjon day to Michaelmas, in e-very city 6 men /hall keep ivatch at 
 e-jery gate, in C'very borough l z men, e<very toivn 6 or 4 according 
 to the number of the inhabitants, and fhall nuatch the toiun conti7iu- 
 ally all night, from the fun fitting to the fun rifing. I 3 Ed. I . 
 It. 2. c. 4. ■ _ 
 
 This watch is to be fet by the conftable, and their power is 
 this : If any fir anger do fofs by thtm, he fhall be arrefed until 
 TTiorning, and if no fufpcion be found he fhall go quit \ and if they 
 find caufe of fufpicion, they jhall forthiuith deli'ver him to the /he-i 
 riff, until he be acquitted in due manner. And if they -1x111 not obey 
 the arrefi, they fhall h'Vy hue and cry upon them. id. 
 
 Inhabitants] It hath been refolved, that a (Iranger, who is not 
 an inhabitant, cannot hereby be compelled to keep watch. 
 2 Haiv. 80. 
 
 Deli'ver him to the fheriff] That is, to the common gaol. 
 2 H. H. 96. 
 By thi coafrable. 2. But this w.atch only extends between /Ifenf.onthyznA Mi- 
 chculmcts ; but there is another watch that may be kept by the 
 conftable ex cf-'cio, which may extend to other times; as by the 
 5 Ed. 3. <-. 14. for nigjjt walkersj and perfons ful'picious by niglit 
 or day. 2 H. H. 97. 
 
 Ajid altho' a conilable is not bound to any precife time for this 
 
 \dvA of watch, nor punilhable if hs Cir.it it^, barely for the omif- 
 
 3 fion. 
 
i 
 
CHatcl). 551 
 
 fion, if he be ready upon occafion to do his office when required 
 in thefe cafes ; yet it is in his power to hold fuch watches, as often 
 as he pleafes, and it is convenient and juftifiable : and herein the 
 watchmen are the minillers and affiftants of the conllable, and are 
 under the fame protedion with him, and may adl as he doth. 
 2 H. H. 97. 
 
 Yea it is holden, that every private perfon may by the common 
 law arreft any fufpicious night walker, and detain him till he give 
 a good account of himfelf 2 Haiu. 80. 
 
 3. There is alfo another kind of watch, which is by authority By the judiccii 
 of the juftices of the peace, which alfo may be held at other 
 
 times than the above llatute of the 13 Ed. i. appoints; and the 
 watch thus appointed hath the fame power as either of the for- 
 mer : And this feems to be withm the power of any one juftice, 
 by the firft aflignment in the comnniiiion j but the fafer way, and 
 more ufual is, by order of fcffions. Lamb. 186. 2 H. H. 97. 
 Dalt. c. 104. 
 
 4. It feems to be agreed, that every inhabitant is bound to keep Who flialj 
 watch in his turn, or to find another. 2 //atv. 80. watch. 
 
 But they are not compellable to watch at the will of the con- 
 ftable, but only when their ii:rn cometh j which was the ancient 
 cuftom at common law. Dait. c. 104. 
 
 And the watching and warding ought^to be by men able of 
 body, and fufficiently weapcned. Dalt. c. 104. 
 
 And therefore a woman required to watch, may procure one to 
 watch for her. Comb. 243. 
 
 5. If a watchman take anyone for fafpicion of felony, he Perfons taken ty 
 may inquire of his good name and fame, and if he finds him to watchmen. 
 
 be of good name and fame, he may let him go, without being 
 guilty of an efcape. Dalt. c. 159. 
 
 And if a perfon will not obey the arreA of the watchmen, they 
 may levy hue and cry upon him, that he may be taken ; or elfe 
 they may juftify to beat him, for that he refiftcth the peace and 
 juftice of the realm ; and may alfo fet him in the ftocks for the 
 fame until the morning. Dalt. c. 104. 
 
 And the watchmen may deliver fuch perfons to the conftable, 
 or may convey them to a juftipe, to be examined, and to be 
 bound over or committed, until they be acquitted in due manner. 
 Dalt. c. 104. 
 
 6. A watchman hath a double proteftion of the law : f. As an indemnity of 
 afliftant to the conitable, when the conflable is prefent or in the wauhmen, 
 watch ; for fo every man who is affifting to the conitable in the 
 execution of his office, hath the fame protection that the law 
 
 ..gives the conftable. 2. Purely as a watchman fet by order of 
 -law; and the law takes notice of his authority fub eo iiomlne^ 
 • and therefore killing of a watchman in execution of his office, is 
 murder. 2 H. H. 98. 3 Liji. 52. 9 Co. 66. 
 
 And if a watchman be killed in endeavouring to apprehend 
 4 a burglar, i]is executors fhall be intitled to 40/. reward. ^ An. 
 
 7. If any perfon refufe to watch in his turn, at the command- Punlfljirent fbf 
 ment of the conftable, he vn^^y prefen; the default at the aflizes or "'^^ wauriing. 
 
 N n 4. feilioris, 
 
55 2 tLUCiUl). 
 
 feflions, or may complain thereof to any juflice of the peacf, 
 who may bind the offender to the good behaviour, and fo over 
 to the next feflions. Da/f. c. IC4. And there he may be indict- 
 ed. 2 Haiv. 80. 
 
 But here it is to be noted, that in Go. El. 204. which Mr. 
 D alter, cites for his authority in this matter, it is not faid, that 
 the juftice may bind him to the good behaviour, but only thu.. 
 that he may inflid punifhmcnt upon the refufer. 
 
 Warrant for the keeping of watch. 
 
 To the conftable of the hundred of in 
 
 Weftmo/land. \ 
 
 the faid county. 
 
 AT a general quarter fe.Jfions of the peace holdtn at 
 in and for the faid county, before us • efquires, juflict: 
 of our lord the ki::g, afp.gned to keep the peace nvithin the faid county, 
 iind alfo to hear and determine divers felonies, trefpaffes, and other 
 mifdemeancrs in the faid county committed, I'ou are hereby required 
 forthnxith to iffue your ivarrants to the ffveral petty ccnflables ixith- 
 in your faid hundred, that they do caufe nvatch to be kept by night, 
 atid ivard by day, ni.-ith able men, ^.vithin and throughout their re- 
 
 fpePii've confablcivich, fro?n the day of——— noav next 
 
 enfuing, unto the > day oj then next folloiving ; and 
 
 that they do apprehend or caufe to be apprehended all rogues, 'vaga- 
 bonds, and other ^vcandring, idle, and dforderly per fans, and cart, 
 them before fame of his majrfiy^s jujiices of the peace in and for the 
 faid county, to be examined and further dealt i<:ithal according to 
 lanu. Given under cur hands and fealsy the day and year ft ft 
 abovenuritten. 
 
 Commitment of a perfon apprehended by the watch^ 
 
 ixr n 1 J 5 To the conilable of and to the keeper 
 
 WeltmorJand. i r .u u r r n- . 
 
 \ of the houfe of corredion at 
 
 WHEREAS A. O. ixsas this daf brought before me J. P. 
 efquire, one of the juflice s of our lord the king, affigned to 
 keep the peace ivithin the faid county, the faid A. O. having been 
 taken lafi night by the ivatch fet by the confable of •■ and 
 charged ivith nicandring abroad at unfeafonable times of the night, 
 and alfo nvith other dijorderly behaviour, and not novo giving a gocd 
 account of himfef before me : Thcfe arc to require fou the faid con- 
 fable cf to convey the faid A. O. to the faid houfe of cor- 
 reHion at afore faid, and to deliver him to the keeper there- 
 of, together rxith this vjarrant. And I do hereby require you the 
 faid keeper of the houfe of correSiion aforcfaid, to receive the faid 
 A. O. into ycur cuflody in the faid hoiife of corredion, and him there 
 fctfely to keep until the next general quarter fcffions f the peace to 
 be holden in and for the faid county, aUov:ing unto hem in the menn 
 time fuch maintenance as he fhall defer^ue by his labour ; and have 
 ysu him then there, together ivith this precept, Givfti under my 
 
 band 
 
I 
 
mud). 553 
 
 hij?7d and fea', at in the /aid county, the day of 
 
 . !n tlj£ year of the rtign of ■ 
 
 T 
 
 Indictment for not watching. 
 
 H E jurors for our lord the king upon their oath frefent^ 
 
 that A. O. of in the /aid county, yeoman, on the 
 
 day of*——— in the year of the rtign of- 
 
 and long hefore, and alfjays after unto the day of the taking of this 
 
 inquifiticn, 'was, and yet is, an inhabitant oj the tonx.-n of 
 
 afarcfiiid, in the county aforefaid, and that the /aid A. O. then 
 
 and there, to n.vit, on the faid day of • in the year 
 
 aforefaid, at ajorefnd, in the county aforefaid, ijcas duly 
 
 Jummoned in his turn to ijuatch ivith the confiahlc of afore- 
 faid, in the night of the fame day; ncverthelefs the faid A. O. his 
 duty in that behalf not regarding, did not <vjatch in the faid flight 
 of the fame doy, in the year aforefaid, nor in any part of the faid 
 
 r.ight, I'jith the faid conflahle at aforefaid in the county 
 
 afref id, but did then and there utterly refuje fo to do, and nvilfully 
 tii'd ohjiinately therein did make default ; in contempt of our faid lord 
 f-he king, and of his la<u:s, and agc.infi the peace of our faid lord the 
 '"•'>%, his crozvn and dignity. 
 
 dlatcljuiakinn:* S'c ^ccuant^* 
 OLIntcnnciu See Cljamc^* 
 
 a2Jcis!)ts auD mtafiires. 
 
 TH E particular weights and meafures of different forts of 
 goods, may be feen under their refpedlive titles : and 
 what is treated of here, is touching weights and meafures in 
 general. 
 
 /. Of the different kinds of weights and meafures. 
 
 II. Standard of weights and meafures to be kept ht 
 
 market towns. 
 
 III. Mayors and other officers to feal and regulate 
 
 meafures. 
 
 IV. PuniOjment of mayors and other officers for omit- 
 
 ting thiir duty. 
 
 I Of 
 
55-\- 
 
 Plrcfi weight!. 
 
 COfci'sljts anti ineftfittcs. 
 
 /. Of the different kinds of weighls and meafurcs. 
 
 Ttoj weight. 
 
 A^erdupols 
 weight. 
 
 I. Notwithflanding the many ftatutes which have enafled, that 
 there fhall be but one weight and one meafure, throughout the 
 realm, there always have been, and ftill are two kinds of" weights 
 ufed in Et^glcnd, and both warrantable ; the one by law, and 
 the other by cultom ; but they are for feveral forts of wares or 
 commodities : for there is troy we'ght, and aijcrdupiu Datt. 
 
 C. 112. 
 
 ^. Trey weight is by law; and thereby are weighed filk, gold, 
 filver, pearl, and precious Hones. /\nd this hath to the pound 
 12 ounces. Da/t. e. 112. 
 
 3. Avercltipcis (which in French is as much as to fay to ha\'e 
 full weight) is by cuftom, yet confirmed by ftatute ; and thereby 
 are weighed all kind of grocery wares, drugs, butter, chcefe, 
 flefh, wax, pitch, tar, tallow, wool, hemp, flax, iron, ftee), 
 lead, and all other commodities which bear the name of garble, 
 and whereof iflueth a refufe or wafte ; (and alfo bread, by the 
 8 An. c. 18.) And this hath to the pound i6 ounces; and \z 
 pounds over are allowed to every hundred. Dalt. c. 112. 
 ^iwrs meafures. 4. And no lefs do the meafures alfo differ in different places. 
 Thus Mr. Dalto7! obferves, that the bufliel of corn in one place is 
 greater than in another ; and it feems, he fays, that the culiom of 
 the place is to be obferved : Yet he makes a qua:iy upon it, be- 
 caufe it is contrary to the great charter, and divers other llatutes j 
 and cuftom or prefcription againlt a llatute feemetn not good. 
 DcJt. c. 112. 
 
 //. Standard of . weights and meafures to he kept in 
 market towns. 
 
 Standard to be In every city, borough, and market town, a common balance 
 Icq>t in market {Jjall be, with common weights fealed, and according to the 
 towns, at which ^^^^^^^ Qf (he exchequer, upon the common cofls of fuch city, 
 aU ITjay weigh. , , t • 1 1 • r 1 
 
 ' borough, or market town, in the keeping of the mayor, or con- 
 
 ftable ; on pain of 10/. for fuch city making default, borough 
 5 /. and market town 40 /. 
 
 At which balance all the inhabitants may freely weigh without 
 any thing paying ; taking neverthelefs of foreigners, for every 
 draught within the weight of 40 /^. a farthing, and for tvtry 
 draught betu-ixc 40/.^. and 100 lb an half penny, and for every 
 draught betwixt \colb. and 1000//'. a penny. 
 
 And jiiilices of the peace, mayors, bailiffs, and ftewards of 
 franchifes may enquire of offenders againft this ordinance, and 
 CO execution of theni that be found faulty. 8 H. 6. c. 5. 
 ;i H. 7. c. 4. 
 
 ///. Mayors 
 
adefgljts atiD mcafuteis. 555 
 
 JII. Mayors and other officers to fed and regulate 
 measures. 
 
 I . The clerk of the market, and where there is none, the Meafures tolie 
 mayor, or head officer, or other perfon having benefit of the ^"^^'i« 
 marker, fhall caufe to be fealed all meafbres duly gauged, by 
 the standard which he fhall have out of the exchequer. 22 {^ 
 23 C. z. c.\z. f.\. 
 
 z. For which he fhall be paid, i d. for the fealing and mark- Fee for the fame. 
 irig of a biifhel, an halfpenny for a peck or half peck, and a 
 farthing for a gallon, pottle, quart, pint, or half pint. 22 C 2. 
 .. 8. / 4. 
 
 3. And whofoever fhall fell by any other weight, mcafure, or Penalty of ufin^ 
 yard, not according to the Itandard, or keep any fuch whereby ^"y *"^^'^* 
 
 any thing is bought or fold, fhall forfeit 5 i. on convidion be- 
 fore one juflice, or mayor, on osth of one witnefs ; to be levied 
 by the churchwardens and overfeers, or fome of them, to the 
 ufe of the poor, by diflrefs. In default of diftrefs, iir.prifonment 
 till paid. 16 C. c. 19. / 2. 
 
 But water meafure [njiT^. 5 pecks to the buihel, T>alt. c. 112.) 
 in fea port towns fhall continue as ufual. id. f % Except in the 
 meafur'ng of corn and fair. 22 C 2. c. 8. / 'I. 
 
 4. And the mayors, and other head offlLrrs in market towns. Weights to be 
 fliall twice a year or oftner caufe all Weights and meafures within examined, 
 the fame, to be brought before them, and examined; and fuch 
 
 as they find defeilive, to be broken and burnt ; and the offender 
 fliall forfeit to the mayor or other officer, for the firil time, 6 /. 8 ^. 
 for the fecond time 13^. 4^. and the third time 20/. and be fet 
 on the pillory : 
 
 And two j jftices (i i^) may hear and determine thefe offences, 
 as well by examination as by inquiry, and fet fines and amercia- 
 ments, and make procefs thereupon, as if they were indided 
 before them for breaking of the king's peace. 1 1 H. 7. c. 4. 
 
 5. Alio, the conflable Ihall fearch, if any perfons ufe any other Conftables t« 
 meafure than according to the ilandard; or fhall Ifrike in any f^^*^"* 
 oher manner, than even by the wood or brim ; or fhall fell or 
 
 buy by a mcafure unfealed ; and if he find any unfealed m.eafure, 
 he fhall break the fame, and fhall prefent the offenders at the next 
 private or quarterly lellions. 22 C. 2. c. 8. /. 6. 
 
 W. Punijhment of mayors and other officers for gmii- 
 ting their duty. 
 
 I. If any mayor, lord of the liberty, or other perfon autho- Penalty of r«- 
 rized to mark or feal meafures, fhall negleft or refufe, being re- f"f>ns '<> fc*i» 
 quired, to feal or mark any bufhel, half bufliel, or peck duly 
 gaged ; he fhall forfeit for the firfl offence 5 /. and for every other 
 offence 10/. on convidlion by prefentment or indiflment at the 
 county feffions ; half to the profecutor, and half to the poor ; to 
 ^e kyied by dilVefsj and icr uefuult of diilrefs, to be inipriloned 
 
 by 
 
55^ 22lcigi)t5 atiD mcafiirc5* 
 
 by warrant of the faid juflices till payment be made. 22 C, 2. 
 
 c. 8. / 3, 4. 
 Penalty on t»- 2. Or if he fhall take more than one penny for the fealing and 
 king more than niarJjing of a bufhel, or more than a halfpenny for a half bufhel 
 IS due lor lealing. , , r i_- r 11 i 
 
 » "or peck, or more than a farthing for a gallon, pottle, quart, pint, 
 
 or half pint ; he fliall forfeit 5 /. to the poor, on convidion be- 
 fore one jaftice, by the oath of one witnefs ; to be levied by the 
 churchwardens or overfeers, by dillrefs ; in defailk of diftrefi', 
 imprifonment till paid. 22 C. 2, r. 8. / 4. 
 Penalty of fuf- 3. And if any mayor or other head ofiicer, fhall fufTer any 
 
 fering other other meafure to be ufed than according to the Ilandard, and 
 ■lealures. fealed ; he Ihall forfeit 5 /. half to the profccutor, and half to 
 
 the poor, on convi(flion by prefentment or indi£lment at the county 
 fefTions, by diftrefs : for default of dillrefs, to be iniprifoned by 
 warrant of the juflices till paid. 22 C. 2. f. 8. / 3. 
 General penalty 4- ^"^ generally, by the 16 C. c. 19. / 5. If any mayor, 
 jor negled of or Other officer, or any lords of liberties or their agent;, fhiill 
 •uty. receive any fines or fees, other than are allowed by llatute or 
 
 cudom ; or fhall take any fee for the marking, figr.ii.g, or exa- 
 mination of any weights or meafures, which have been formerly 
 marked or fealed ; or fhall impofe any fine without a due and 
 legal trial of the offence; or fhall otherwife mifdemean himielf in 
 the execution of his office ; he fliall forfeit to the poor for the 
 firfl offence 5/. for the fecond 10/. and for the third and every 
 other offence 20/. on convidlion before one juftice, on the oath 
 of one witnefs ; to be levied by the churchwardens or overfeers 
 by diflrefs : for want of dillrefs, imprifonment till paid. 16 C. 
 f. 19. /$. 
 Afts to be "iven 5- ^'^'^ ^ll juflices of the peace, conflables, and other officers 
 in charge. fhall fee the afts abovementioned of the zz C. 2. c. 8. and 22 ^ 
 
 23 C. 2. c. 12. put in due execution ; and the juftices of aflize, 
 and of the feiTions, fhall prefs the fame in their charges to the 
 grand jurie?. 8 Jn. c. iS. f 12. 
 
 But after all, notwithllanding the punifhments aforefaid, ap- 
 pointed by (latute, for felling by falfe weights and meafures ; yet 
 the fame is alfo an offence at the common law, and confequently 
 may be puniflied by indiftment, fine, and imprifonment. 
 
 Woman marrv- '• ^ ^ ^' ^- ^'"^ ^"'^ ^'* ^^^^^ againft Jones. The plaintiff 
 jng pending an ' 'Jonrs declared againll Judith Parnclly upcn feveral pro- 
 
 adion. n.ifes. She by the name of Judith Kirg appears by attorney, 
 
 and pleads non affumpf.t . hvA after a verdifl for the plaintifF, 
 fhe and Edward King bring a writ of error, and affign for error, 
 that flie has appeared and pleaded as a feme fole, whereas at the 
 time of her appearance and plea llis was married to the faid 
 Edvjaid King. But by the court. This is to abate the plaintiff's 
 writ by the act of the defendant, which was never allowed ; we 
 
 tnuft 
 
I 
 
SffllifeJ 5 57 
 
 siuft take it, that at the time of bringing the a6lion the defendant 
 was a feme fole, becaafe they pretend to carry it back no farther 
 than the appearance. And plaintiffs would be in a fine condition, 
 if after they have arrefted a woman, fhe fhall be allowed to over- 
 throw their proceedings by a fubfequent marriage. And the judg- 
 ment was affirmed. Str. 8ii. 
 
 2. A wife, or feme covert, is fo much faroured in refpedl of 9°'""^'".'"E '^^- 
 that power and authority which her hufband has over her, that huj5,",J^''** ^" 
 {he ftiall not fuffer any puniihment for committing a bare theft, in 
 
 company with, or by coercion of her hufband. i Ha^^v. z. 
 
 Bat if Ike commit a theft of her own voluntary adt, or by 
 the bare command of her hufband; or be guilty of treafon, mur- 
 der, or robbery, in company with, or by coercion of her huf- 
 band, fhe is punilhable as much as if Ike were fole, becaufe 
 of the odioufnefs and dangerous confequence of thefe crimes. 
 I HanK!. 2. I H. H. 47. Dalt. c. I 57. 
 
 And the coercion of the hufband is only a prefumption till the 
 contrary appear ; for if upon the evidence it can clearly appear, 
 that the wife was not drawn to it by the hufband, but that fhe 
 was the principal aftor and inciter of it, fhe feems to be guilty 
 as well as the hufoand. 1 H. H. 516. 
 
 3. A wife fliall not be deemed accelfary to a felony for re- Acceflary in re- 
 ceiving her hulkand who has been guilty of it ; as her hufband ceivinj her huf- 
 ikall be for receiving her : becaufe fhe is under the power of *"'^* 
 
 her kufljand, and Ike is bound to receive him. i Haiv. 2. 
 I H. H. 47. 
 
 4. But a wife may be indicted together with her hufband, and Keeping 1 bawdy 
 condemned to the pillory with him for keeping a bawdy houfe ; home. 
 
 for this is an offence as to the government of the houfe, in which 
 the wife has a principal ikare; and alfo fuck an offence as may 
 generally be piefumed to be managed by the intrigues of her fex. 
 I Hor.v. 2. 
 
 V And generally, a married woman fkall anfwer as much as «••/• r er . 
 if ike were iole, for any offence not capital, againft the common corporally • but 
 law or ilatute; and if it be of fuch a nature that it may be com- the huiband to 
 pitted by lier alone, without the concurrence of the huiband, P^y the forfci- 
 (he may be punilked for it witkout tke kufband, by way of in- ^*"^^' 
 didtment ; which being a proceeding grounded merely on the 
 breach of the law, the hufband fkall not be included in it for an 
 offence to which he is no way privy. But if a wife incur the 
 forfeiture of a penal flatute, the hufband may be made a party to 
 an adioa or information for the fame (as he may generally to 
 any fuit for a caufe of adlion given by his wife), and fhall be 
 liable to anfwer wiiat fliall be recovered thereupon, i Hatv. 3. 
 
 6. If a wife willingly leave her hufband, and go away, and Eloping, 
 continue with her advouterer, fhe Ikall be barred for ever of 
 aiftion to demand ker dower, i 3 Ed. i . ft. i . c. 34. 
 
 M. 1 2 G. Morris and Martin. A£lion for meat and othei* 
 things provided for the defendant's wife. The defendant proved 
 fhe went away from him with an adulterer. Ruymovd Ch. J. held, 
 that the huiband fli9uld not be charged for necelTaries for her, 
 
 tho' 
 
55^ ^ZUiTe. 
 
 tho' the plaintiff who provided for her had no notice ; and he 
 faid, Ch. J. Ho/t always ruled it (o. Str. 647. 
 
 •7. 12 G. Alain-Maring and SanJs. In an aftion againft the 
 hufband for a laced head fold to the wife, it was proved, that the 
 wife lived from her hufband in adultery, and that Ihe told the 
 plaintiff ihe had a hufband, b;it ttiat fignifiid Dcthing, for fhe 
 would pay him her felf. Rr.ym-.nJ Qn. J. held the defendant not 
 chargeable, and faid he iliouid have ruled it fo, if there had been 
 DO aftual notice, which only Itrengthened the cafe. Str. 706. 
 
 T. 4 G. 2. Child and tlardxman. A6uon for linen fold to 
 the defendant's wife. Upon twn ajfumifit, the delivery was pro- 
 ved. And the defendant proved that (he had lived in a very lewd 
 manner ; one Mr. 'Nott frequently coming to her at her hulbanri's , 
 houfe, and they were locked up together in a bed chamber ; and 
 Other indecencies pafTed between them. And it was alfo proved, 
 that (he leveral times went to the houfe of this AW, a gentleman 
 in Wiltjhiyc, who lived wi;..in 3 miles of the defendant's houfe. 
 It did not appear farther, than that he difliked her going and 
 flaying at Mr. iVo^/'s. But under rhefe circuniltances, the huf- 
 band and wife continued to live together. Afterwards, fhe went 
 away from him, and went to Mar/hcrc>tgh, where fhe refided for 
 fome time; but after the leaving her hufband's houfe, it did not 
 appear that Ihe ever faw Mr. Nott, or lived in a lewd manner. 
 After fome time, fhe fent Lucas an attorney to her hufband, to 
 defire that he would receive her again ; the hulland told him, 
 that if fhe came again, fhe fhcald never fit at the upper end of his 
 table, nor have the government of the children, but fhould live in 
 a garret. 1 hen 1 uc is propofed to him, to make her an allow- 
 ance, and propofed about 80 or 1 00 /. a year, he being worth 
 about 5 or 600 /. a year. But that was not complied with ; and 
 afterwards fhe came to London, and bought the linen to the 
 amount of 53/. By Raxmond Ch. J. If a woman elopes from 
 her hufband, tho' fhe does not go avvay with an adulterer, or in 
 an adulterous manner; the tradefman trufls her at his peril, and 
 the hufband is not bound. And this hath been fo ajudged in 
 2 or 3 cafes. Indeed if he refufe to receive her again, from that 
 time it may bean ani'wer to the elopement In this cafe he doth not 
 abfolutely refuie to receive her agaip ; but that fhe fliould neither 
 fit at his table, nor have any government of the children, but 
 Ihould be kept in a garret ; and fhe deferved no better ufage. 
 And the piaintifr was nonfuit. Sir. 875. 
 
 M. 18 C 2. Bo'tc^ and Prentice. In rj[umffit for goods fold 
 and delivered to the defendnnt's wife, the cafe appeared to be, 
 that the defendant and his wife had formerly lodged at the plain- 
 tiff's houfe, and the plaintiff furnifhed her with goods ; and the 
 defendant finding the plaintiff h;id helped her to pawn her watch, 
 and fufpedling he confederated with her, left the lodgings, after 
 paying the plaintiff his bill, and forbidding him ever trailing her 
 again. After this the defendant and hia wife cohabited together 
 for a year; when, without any caufe appearing, he left her, 
 locked up her cloachs, and upon her finding him out, refufed to 
 
 admit 
 
I 
 
Wiftl 559 
 
 admit her, and ftruck her, and declared he would not maintain 
 her, or pay any body that did. In this diftrefs, flie borrowed 
 cloaths of her friends, and applied to the plaintiff, who furnirtied 
 her with necefTaries according to the defendant's degree ; which 
 the defendant refufing to pay for, this aflion was brought ; and 
 upon trial the jury found for the plaintiff. Upon motion for a 
 new trial, the court held the verdidl was right ; for whilft they 
 were at the plaintiff's, there was a particular reafon for the parti- 
 cular prohibition ; yet the caufelefs turning her a\\ay deftitute af- 
 terwards, gave her the general credit again : and if a hufband 
 fliould be allowed, under the notion of a particular prohibition, 
 to deftroy her obtaining credit in one place, he may in the fame 
 manner prevent it with all people Ihe is acquainted with. He 
 appears to be a wrong doer, and therefore has no right to prohibit 
 any body. They dillingui/hed this cafe from the cafe of Mavby 
 and ^cott, I Sid. 109. for there the wife was guilty of the firft 
 wrong in eloping. 6V;-. 1214.. 
 
 7. Of women carried away (viz. violently, or againft their Carrying her 
 wills, 2 Ifijl. 435.) with the goods of their huftends, the king away with the 
 Ihall have the ?uit for the goods fo taken away. 13 E^. i. _/?. i. hulbaiid's geods* 
 c. 34. That is. it {hall be felony. And {o, if any man takes 
 
 another man's wife, with her hu/band's goods, againft the huf- 
 band's will, this is alfo felony. D^lf. c 157. 
 
 8. But a wife herfelf cannot felonioufly take her hulband's^'^«**^'"g*'»e^ 
 goods ; and tho' fhe fo takes her hufband's goods, and deliver ""^^"* * goods, 
 them to a firanger, yet it is no felony in the lb-anger. H. PI. 65. 
 
 I Half. 93. 
 
 9. A married woman, by her own aft (but not in refpeft of Guilty of forci» 
 what is done by others at her command, becaufe all fuch com- ^^^ entry, 
 mands of hers. are void) may commit a forcible entry or detainer ; 
 
 and upon the juftice's view of the force, fhe fhall be imprifoned 
 theiefore, and Ihe may be fined in fuch cafe : but fuch fine fee 
 upon the wife, fliall not be levied upon the hufband ; for the 
 hulband Ihall never be charged for the aft or default of his wife, 
 but when he is made a party to the aftion, and judgment given 
 againft him and his wife. Da/t. c. 126. g Co. 72. 11 Co. 61. 
 
 10. Likewife if fhe flull commit any rior, or do any trefpafs or GailiyofflanJer, 
 other wrong, flie is puuilliable for it; and for a trefpafs done by trefpafs, or af- 
 the wife, or for a fcandal publifhed by her, the aftion lieth againft ^^'•'^•* 
 
 both the hufband and wife, and there the hufband is chargeable to 
 the damages or fine, becaufe he is party to the aftion and judg- 
 ment: but if a wife without her hudiand be indifted of a trefpafs, 
 riot, or any other wrong, there the wife fhall anf\^er, and be party 
 to the judgment only ; and in luch cafe, the fine fet upon the wife 
 Ihall not be levied upon the hufband ; yet after the hufband's 
 death, fuch dam.nges or fines ftiall then be levied of the wife her 
 felf ; and as for imprifonment, or other corporal pain, it fhall be 
 inflifted upon the wife only, and not upon the hufband for his 
 wife's aft or default. Dalt. c. 139. 
 
 iV/ 1 9 G. 2. Finc/j and his wife againft £)7<^c/V« and his wife. 
 In an aftion for a battery of the plaintiff's wife by the defendant's 
 wife, there was judgment for the plaintiff?, and the wife of the 
 
 defendant 
 
560 CKHifc. 
 
 defendant was only taken in execution. She moved to be dif- 
 charged, but upon affidavits of endeavours to take the hufband, 
 and it not appearing there was any defign to fcreen him, the court 
 refufed it, on the authority of Pitt and Miller. Str. 1237. 
 
 Which cafe of Pitt and MJhr, T. i ^ G. 2. was thus : In 
 trover againll both, and judgment and execution againft both ; the 
 wife petitioned to be difcharged out of cuilody ; which the court 
 refufed, unlefs it could be fhewn, that there was fraud and collu- 
 fion between the plaintift" and the hufband, to keep her there. 
 Str. 1167. 
 
 M. 10 G. Tarrant and Maivr. The wife libelled in the fpiri- 
 tual court for calling her whore, and there being proceedings 
 likewifc for defamation againll />./ by the other, the two hufl)ands 
 enter into an agreement to ftay proceedings on both fides ; and 
 upon one of the wives going on, the hufband moved for a prohi- 
 bition ; but it was denied : for by the court, the fuit is by the 
 wife, to recover her fame, and it is not in the power of the huf- 
 band to reflrain her. Str. 576. 
 
 Receiving ftolen II. If a woman receive llolen goods into her houfe, knowing 
 
 l^ds, them fo to be ; or Ihall lock them up in her cheft or chamber, her 
 
 hufband not knowing thereof; if her hufband, fo foon as he 
 knoweth thereof, do forthwith forfake his houfe, and her com- 
 pany, and make his abode elfewhere, he fhall not be charged for 
 her offence ; whereas otherwife, the law will impute the fault to, 
 him, and not to her. Dalt. c. 157. 
 
 Cuilty of con- j2. A profecution for confpiracy is not maintainable againft 
 
 j^J^*^^,^" " ^ hufband and wife only ; becaufe tl^ey are efteemed but as 
 one perfon in law, and are prefumed to have but one will. 
 I Haiv. 192. 
 
 Woman fervant 13. If a woman who is a fervant (hall marry, yet (he muft ferve 
 
 marrying. q^ j^^j. tj^e^ ^^j j^g Imfband cannot take her out of her matter's 
 
 fervice. Dalt. r. 58. 
 
 Wife hiring to 14. Alfo if a married man and his wife do bind themfelves to 
 
 be a fervant. ferve, they Ihall be compelled to ferve, according to their cove- 
 nant or agreement. Dalt. c. 58. 
 
 Killing her huf- 1 5. If the wife malicioufly kill her hufband, it is petty trea- 
 
 band, petty trea- fon ; but if the hufband malicioufly kill his wife, it is but murdef. 
 
 *""• Dalt. c. 142. 
 
 £viaence for or *^- hufband and wife cannot be witnelfes for one another ; nor 
 
 againft her regularly againft one another. 2 Ha-iv. 431. 
 
 Lulband. But a wife may demand furety of the peace againft her hufband 
 
 threatning to be:;t her outrageoufly, and a hufband alfo may have j 
 it againft his wife. \ Hatv. 127. 
 
 And in other criminal cafes, the wife may be a witnefs againft 
 her huftjand, where flie is the party grieved ; bu: not in civil cafes. 
 Dalt. c. 164. 
 
 Cannot be bound ^7- A wife cannot be bound herfelf by recognizance, but her 
 
 by lecognjzance. furetics Only. Dalt. c.\l~. 
 
 mimm^. 
 
561 
 
 1. Firft meeting of the commiffioners^ for the jffm'fig 
 
 precepts to return ajfejfors. 
 
 II. Second meeting -, charge to the affeffors, with the 
 
 manner of laying the ojjeffnmit . 
 
 III. 'Third meetings ftgning the affejfment^ ivilb 
 warrant to collet. 
 
 IF. Fourth meeting j the appeal. 
 
 V. Colkning 
 
 VL ColleBor paying to the receiver. 
 
 VII. Receiver paying into the exchequer. 
 
 VIII. Duplicates to be tranfmitted into the exchequer, 
 
 IX. General penalty on officers net doing their duty. 
 
 X. Indemnity of officers in doing their duty. 
 
 I. Firft meeting of the commiffiioners., for the iffiuing 
 precepts to return ajfejfors. 
 
 t. y^Ommlffioners of the land tax (hall be commiflioners for the Commiflioners of 
 V^ duties on houfes and windows. 20G. 2. c. 3. yi 6. thefe duties. 
 
 But no commiffioner of the land tax Ihall aft as commiflloner of 
 thefe duties, unlefs duly qualified, (that is, unlefs he be taxed at 
 100/. a year in the county or divifion, except certain countiei in 
 Wfi/es, as by the land tax afts) on pain of 20 /. to be levied as 
 other penalties by this aft. 21 G 2. f. 10. / 3. 
 
 But they fhall not be obliged to take the oaths, and fubfcribe 
 the declaration, and receive the facrament, as direfted by the 
 25 C. 2. c. 2. as other perfons qualifying for offices ; but oiiiy to 
 take the oaths of allegiance, fupremacy, anJ abjuracion, as by the 
 land tax afts. 20 G. 2. f. 3. y". 27. 
 
 2. Which faid commiflioners fliall meet ycatiy, at the mod Time and place 
 ufual place of meeting, at fuch time as fliall be appointed f;; ::.c of meeting. 
 firft general meeting of the commilfioners of the land tax, or on 
 
 fuch other day as they fhall think proper, before ^^nl 30. yearly. 
 20 G. 2. c. 3. / 6. 
 
 3. And at fuch firlt meeting, they may agree to fubdivide Subdividing, 
 thcmfelves and the other commifuoners not then prelcnt, in fuch 
 
 manner as to them fhall fecm meet. id. f. 6. 
 
 4. Alfo, at fuch firft meeting, they or the major part of them Preceot to return 
 then prefent, fhall direft their feveral or joint precepts (Al to fuch aiTeffors, 
 inhabitants, and fuch number of them as they fnall think molt 
 convenient, to be prefcniors and affifTors, requiring them to 
 
 \ L, II. O o appear 
 
5^2 CStltlDDtbS, 
 
 appear before the faid commiffioners, at fuch time and place as 
 they Ihall appoait, not exceeding ten tlays. 20 G. 2. c. 3. 
 
 /^- 
 Afllflbrs in 5- But no perfon in a city, borough, or town corporate, (hall 
 
 towns coiporate.be compelled to be an affelTor or collector out of the limits thejeof. 
 
 20 G. 2. c. 3./ 18. 
 
 Colleftors to re- 6. And the laft colleftors fhall caufe a copy of the afleflhients 
 
 turn their laft given to them, and oi the coUefiion made by them, w be fairly 
 
 e lon 1 s. ^y^jjj^j, 3,^j figned by theai, but with fuch alterations therein as 
 
 ihall be necelTary, by reaion of any new houfts ercded, or the 
 
 number of windowb in any houfe incrcafed,* or by reafon of the 
 
 change of inhabitants or occjpiers of any houle, or otherwife, or 
 
 a ttue duplicate thereof, figned ai aforcfaid, to be dehvered to 
 
 three or more commiiuoners yearly, within ten days after their firft 
 
 meeting. 20 G. 2. c. ^. /. 8. 
 
 So that it may be moll proper to direct the precept for the kft 
 
 collcftors to be alTeffors. 
 
 Aficflbrs to take 7. And every alleffor, before he afls, ftiall take the oaths re- 
 
 thccaths. quired bv the i IP^ c. 18. before three commiffioners. 20 G. 2. 
 
 c'. 3. / 6. 
 
 Which oaths are the oaths of allegiance and fupremacy. 
 
 But quakers, inftead of fuch oaths, Ihall be allowed to make 
 
 and lubfcribe the declaration of fidelity, prelcnbed by the faid aft 
 
 cf the I W. c. 18. 20 G. 2. c. 42. /. 4. 
 
 Afleflbrs refu- ^- Affeftors refiifmg to take the oath?, or their offices, fliatt 
 
 fing. forfeit 5 A 20 G. 2. c. 42. f. 2. by dillrefs and fale, as by the 
 
 20 G. 2. c. 3. 
 
 //. Second meeting ; charge lo the cijfcjjors, zvilb the 
 manner of Uiying the ajfejfment. 
 
 Cha)»e to the *• '^^^ commiflioners {hall openly read, or caufe to be read to 
 
 alieffort. the ailellors, the feveral rates and duties, and openly declare the 
 
 effeft of their charge unlo them, and how they ought to make 
 
 their anVffments. 20 G. 2. c. 3. / 6. 
 Duty on houfcs- 2. That is to fay, For every dwelling houfe inhabited, fhall be 
 
 paid yearly zs. 20 G. 2. c. 3. /. 2. 
 Duty OQ win- 3. And for every window or light in evety dwelling houfe, 
 '^''^•■** containing 10, if, 12, 13, or 14 wnidows or lights, llrall be paid 
 
 moreover the yearly fum of 6 d. and for every window or light in 
 
 every dwelling houfe as aforefaid, containing 15, 16, 17, 18, or 
 
 19 windows, the yearly fum of c; d. each ; and for every window 
 or light in every dwelling houfe as aforefaid, containing 20 
 windows or lights, and upwards, the yearly fum of i s. each. 
 
 20 G. 2. f. 3. / 3. 
 
 Unto wlwt win- ^ /^,i(i every kitchen, fcullery, buttery, pantry, larder, waflv 
 
 jJuU exieuj"^^ houfe, laundry, bi5keho« fe, brewhoufe, and lodging room, be- 
 
 ' ioiigiug to or occupied witii any dwelling houfe, whether joined 
 
 to it or not, fhail be deemed part thereof, and the windows therein 
 
 charged accordingly, zi G. 2, c. \o. /. i. 
 
 % Atfo 
 

CKamijdM)s. 563 
 
 Alfo fky lights, and windows or lights in Ihircafe?, girrets, 
 cellars, paflages, and in all other parts of dwelling houles, to 
 what ufe foever applied, fliall be charged. /. 2. 
 
 5. And where feveral windows are fixed in one frame, if the Several windows 
 partition or divifion between them is of the breadth of 12 inches, "^ ""' frame. 
 the window on each fide of the partition iLall be deemed a dillindl 
 
 window. 20 G. 2. c. 3./ ^8. 
 
 6. And all windows in frames v/hich (hall give light into Window iulight- 
 more rooms than one, fhall be charged as fo many ieparate "'"S ^^^^ roonu. 
 windovvsj as there are roams inlightned therebv. 20 G. 2. r. 3. 
 
 /. 38. 
 
 7. And no windows or lights fliall be deemed to be flopped up, Windows &of- 
 unlefs it be done efFeclually with llone or biick, or plaiiter upon P'" "?• 
 
 larh, or upon any other material co.nmonly ufed to plainer upcn, 
 or with the fame kind of materials whereof the outfide of the 
 houfe do'h chiefly connfl:. 21 G. 2. c. \o. f. 11. 
 
 But this not e.xtend to windows flopped up with any materialsi 
 before the year 1746. / 12. 
 
 And if any occupier fhall open any windows, after the afiefT- 
 men'5 are fettled, and warrants for collecliing figned, without no- 
 tice in writing to the furveyor, he (hall forfeit 20j. 20 G. 2. c. 3. 
 / 39. by dil;refs and fale, /." 28. half of which fine (hall go to 
 the informer. 21 G. 2. r. \o. /■ 15. 
 
 8. Where a houfe (hall be inhabited by two or more perfons Two families in 
 or families, it ihall pay as if it was inhabited by one per(bn or one feouie. 
 family only. 20 G. 2. c. 3. /. 31. 
 
 9. Where any dwelling houfe is let Ih different apartments to Houfe let in dlf* 
 feveral perfons, and the landlord of fuch houfd pays other taxes ^''^"^ ^P'"" 
 and parifh rates for the fame ; fuch landlord (hall be dee.med the ' 
 
 occupier of fuch dwelling houfe, and be charged with the duties 
 for the lame, as one entire houfe. 20 G. 2. c. 3. / 35. 
 
 10. And the rates fhall be charged only upon the inhabitants or Rates to be 
 occupiers, and not on the landlord who let or dcmifed the fame, chajged on the 
 
 20 G'. 2. <r. 3. f. p. inhabitant*. 
 
 11. Parents and guardians of infants, on default of payment Infants how 
 by fuch infants, fhall be liable ; and may be proceeded agamil as chargeable. 
 other perfons making default, id. /. \^. 
 
 1 2. Each dilhnft chamber in a college or hall in the univerfi- Colleses. 
 ties, (hall pay as if it were an entire hoafe paying to church and 
 
 piDor. id. / 32. 
 
 13. Every edifice in the inns of court or chancery, being feve- Ima of court/ 
 rally in the occupation of any perfon, (hall pay for every windov*- 
 
 or light; but ihall not pay the 2 j. duty on houfes. 20 G. 2. 
 *■• 3-/ 33- -I ^ 2. c. 10. f. 18, 19. 
 
 14.. Such dwelling houfes only, where the occupier, by reafcn Cottages. 
 of poverty only, is exempted from the ufual taxes to church and 
 poor, iTiiil bs exempted from the duties ; and that only in fuch 
 cafei where the dwelling houfes fo occupied are cottages, not 
 containing abjve nine windowo in the whole. 20 G. z. c. 3. 
 /• 29. 
 
 I 5. But every houfe whereof the keeping only is commit- Houfes left x» 
 ted or lef: to a ptrfou or fervant who pays not t<j ch-jrch and Jsrvaat*. 
 
 O 2 poa^i 
 
56+ 
 
 smm&oiijg. 
 
 poor, fhall pay as if inhabited by the occupier or tenaot. id, 
 
 /• 33- 
 Obftrufting the 1 6. And if any perfon ftiall wilfully obftru£t or moled any 
 •fieflTor. affeflbr in the execution of his duty, he fhall forfeit 5 /. to bie 
 
 levied as the rates and duties. 21 G. 2. r. 10. y^ 14. 
 
 AlTeiTors to affefs 17. And the alTeflbrs fhall afiefs themfelves and the commiT- 
 
 themfelves. fioners, as other perfons are aireffed. 21 G. 2. f. 10. / 16. 
 
 Day for bringing ^8. And the commiiFioners fliall then and there prefix a day 
 
 in the affeff- for the perfons to appear before them, and bring in their afTelT- 
 
 menis. ments in writing under their hands ; fetting forth therein the 
 
 names and furnames of the feveral occupiers or inhabitants of 
 
 each refpeftive dwelling houfe chargeable, the number of windows 
 
 or lights, and the feveral fums they ought to pay. 20 G. 2. 
 
 c. 3. /; 6. 
 
 Which day Ihall be on or before June 4. yearly. / 7. (B.) 
 
 ///. ^bird riieeting ; Jign'ing the njfcjfment, with war- 
 rant to collect. 
 
 AiTeflTment deli- 
 vert:d in. 
 
 Returning the 
 names of col- 
 le£lors. 
 
 Signing the af- 
 lefl'ment. 
 
 Appointing 
 collectors. 
 
 Warrant to 
 colleft. 
 
 Colleftor refu- 
 fing to a£t. 
 
 Appointing the 
 time /or appeal 
 
 1. The airefTors appearing at the day appointed, fhall deliver 
 in their afieflrnents, to be verified upon their oaths, and not other- 
 wife. 20 G. 2. f. 3. / 6. 
 
 2. And fhall then return the names of two or more able and 
 fufficient perfons to be colleilors, for whom the parifh or place 
 fhall be anfwerable. 20 G. 2, c. 3. /. 6. 
 
 3. At which time alfo, three or more of the commiflionera 
 fhall fet their hands to the affeffments, teftifying their allowance 
 thereof. 20 G. 2. r. 3. / 9. 
 
 Note ; It is not necefTary by the words of the aft that the fame 
 fhall be fealed. 
 
 4. And they (hall alfo appoint two of the perfons named in the 
 airefTment, or any two others whom they fhall think able and 
 refponfible, to be collectors, id. (C.) 
 
 5. Alfo on delivery and return of the afTefTments, three or 
 more commiflloners (hall, at leail ten days before the rates fhall 
 become due, iflue their warrants or eftreats under their hands and 
 feals, to the colledors, for the fpeedy collefting and levying the 
 fame, as they fhall become due and payable, id. f. 7. 
 
 And they fhall forthwith deliver the affefTment fo allowed of, 
 to the colledors. / 9. 
 
 6. CoUeftors refufing to take their offices, fhall forfeit 5 /. 
 20 G. 2. c. 42. /. 2. by diftrefs and fale, as by the 20 G. z. 
 <r. 3. ^ 
 
 7. Then three or more commifTioners fhall alfo give the col- 
 leftors notice when and where the appeals of any perfons wh© 
 fhall think themfelves over rated, may be heard and determined. 
 id. f. 12. 
 
 And all appeals which fhall be made between Mar. 25. and 
 Aug. 20. yearly, fhall be heard and determined by the commif- 
 iioners upon fuch days as fliall be by them appointed between 
 Aug. SO. and ^z/*. 15. And all fuch other appeals as fhall be 
 
 made 
 
minnms, 565 
 
 made between 5^^. 29. and Jan. 20. yearly, (hall be heard and 
 determined upon fuch other days as fhall be appointed between 
 ya». 20. and Fcl'. 10. 21 G. 2. c. 10. /. 7. 
 
 8. And where the commiflioners (hall have omitted to execute Remedy where 
 the powers to them given, within the time, and according to the the Lomminiu- 
 manner above prefcribed, two or more of them may meet, and "'^■"^ '"^'^ °"''^' 
 execute the fame at any other times, as there (hall be occafion. '^^ ' ^"^ "'^' 
 20 G. 2. c. 42. / I. 
 
 9. At this third meeting likewife comes in the bufinefs of the Surveyor to 
 furveyors, who fhall be appointed by the king, or three commif- examine and 
 fioners of the treafury ; who fhall appoint them fuch falaiies as """^^y* 
 they fhall think reafonable. 20 G. 2. c. 3. /. 30, 42, 43. 
 
 And they fhall have power to examine the afTcfl'ments, before 
 they are figned and allowed by the commifTioners ; and at feafon- 
 able limes, with a conitable, to view and examine whether there 
 be any more windows than are afleiTed, and to pafs for that purpofe 
 thro' any houfe, to go into any court, yard, or backfide thereunto 
 belonging, and externally to view the windows which cannot be 
 conveniently feen or numbred without going thro' fuch houfe : 
 and this they may do twice a year. id. f. 30. 
 
 And the conllables, and other his majefty's officers, fhal! be 
 afTifting ; and fhall 2lfo obey and execute tlie warrants of the com- 
 miffioners to them direded. id. f. 22. 
 
 And if any perfon fhall wilfully obftrucl or moleft any fnrveyor 
 in the execution of his duty, he fhall forfeit 5 /. to be Jcvied as 
 the rates and duties. 21 G. 2. c 10. /". 14. 
 
 IV. Fourth meeting -, the appeal. 
 
 1. Every colle»5lor fhall, within ten days af:er notice from the^'c'f'^^^ of the 
 commifTioners of the time and place of appeal, caufe pubiick notice •'?F°a'.'^ay t" ^^ 
 to be given in every parifh church or chaptl within hio difirid, church. 
 immediately after divine fervice, on the lord's day (if any fuch 
 
 divine fervice fhall be performed there witnin that time) of the 
 time and place fo appointed by the commilTioners for hearing and 
 determining appeals: And fhall alfo, on the fame day^ caufe the 
 like notices to be fixed in writing on the door of fuch church or 
 chapel. 20 G. 2. c. 3. /. 12. 
 
 2. And after the rates are figned and allowed by the commit'- Surveyor to give 
 fioners, if the furveyor finds on his furvey, that any hoiifes or '" ^'s lurchargc. 
 lights have been omitted, or are under- rated, he fhall certify the 
 
 fame in writing under liis hand, by way of furcharge, on or before 
 ^iig. 10. and fan. 10. yearly, to any three or more commiflioners, 
 in order to have fuch omilfion or under rate certified in the aflefT- 
 ment. 20 G. 2. c. 3. /. 37. 21 G. 2. c. 10. f. 6. 
 
 And he fhall alfo leave a written notice at the dwelling houfe 
 of every occupier fo furcharged, that he intends to charge them 
 for fuch number of windows or lights as are charged in fuch certi- 
 ficate. 21 G. 2. c. 10. / 6. 
 
 3. And every perfon intending to appeal fhall give at leaft ten >>''otice of apj-ea!. 
 days notice thereof in writing to the furveyor, or to one or more 
 
 of the affcffors. 21 G. 2. c. 10. /. 8. 
 
 O 3 4. And 
 
566 
 
 csitn'oovbs. 
 
 AfTefTment rot 
 to be altereJ but 
 on a general ap- 
 peal day. 
 Surveyor may be 
 piefcnt. 
 
 Comminionfr 
 interefted to 
 withdraw. 
 
 Surveyor to 
 make oath that 
 he gave notice. 
 
 The parties to 
 be examined en 
 Oaih. 
 
 How far the ap- 
 peal determined 
 ShaW be final. 
 
 4. And no aflcilmenc fhall be altered or dlnn'Riflied, except 
 only on hearing the appeal, upon a general appeal day. 21 C. 
 2. c. 10. / 5. 
 
 5. And the furveyor, affeffor?, and appellant may be prefent 
 during the time of bearing and determming the appeal, unlefs 
 they mifi-.chave. 21 G. 2. c. 10. / 8. 
 
 6. And in cafe of any controverfy arifing between thecom- 
 miiiioners concerning the affefi'ment!:, the coniniiffioncrs that IhaH 
 he concerned therein (hail have no voice, but fliall witbcraw du- 
 ring the debate, until it be deterrpined by the reft of the commif- 
 iioners. 20 G. 2, r. 3. y 21. 
 
 7. The furveyor appearing to make good his furcharge, fhaH 
 make oath that a written notice was left at the dwelling houfes of 
 the (everal occupiers fo furcharged, that he intended fo to fur- 
 charge them. 21 G. 2. c. 10. /. 6. 
 
 8. At the appeal, the commiflioners fhall examine the parties 
 complaining, upon oath, concerning their number of windows qr 
 lights. 20 G. 2. f. 3 / 12. 
 
 And they (hall not make any abatement of the charge or fur- 
 charge, unlefs it appear upon oath, that fuch perfon is over rated. 
 21 G. 2. f. 10. / 8. 
 
 9. Appeals determined fhall be final : Except that if the fur- 
 veyor or appellant fha'l then declare himfelf dilTatisfied with the 
 determir.ation of the commifuoners, they fhall, at fuch peifon's 
 requeft, flate fpccblly and fign the cafe upon which the queflion 
 arofe, together with their determination thereupon, and caufe the 
 fame to be delivered to the party, to be by him tranfmitted to 
 one of the judges ; who ihiW with all convenient fpeed return an 
 anfwer, with his opinion fublcribed ; according to whith, the af- 
 fefTment fhall be altered or confirmed ; provided that tlie deter- 
 mination of the commifTioners fhall ftand, with refpeci to the 
 payments which fhall be due precedent to the opinion upon the 
 pafe certified by the judge. 21 G. 2. c. 10. / 9, 10. 
 
 F. Ccile^ing. 
 
 Co'iit-aor to ^- "^^^ colieflors fhall make dem.and of the parties chargeable, 
 
 make demand, or at the places of their lail abode, within ten days after the du- 
 ties fhall become due and payable. 20 G, 2. r. 3. /. 7. 
 Ani pve re- 2. And on payment thereof, they fhall give acquittances giq- 
 
 cspts. tij ; which fhall be a full discharge to the perfon paying the 
 
 fame. »V. 
 May diftrain. 3- -^"^ '^ ^"7 Perfon fhall refufe to pay to the colleftor on 
 
 demand, he may diftrain fuch perfon by his goods ; ard fliall 
 keep the diftrefs four days at the owner's coff ; and if not paid in 
 the faid four diys, then the diftrefs fhall be appraifed by two in- 
 habitants ; and then fold by the ofhcer; the overplus (if any) 
 over and above the charges of taking and keeping the diflrefs, to 
 be immediately reftored to the owner'. // J. \\. 
 
 And where any refufal, negledf, or refiftance fhall be made, 
 \\ fViall be lawful by warrant of three commi.flioner? to break 
 
aiitlDOtDS. 567 
 
 Open any houfe in the day time, calling in the conflable to 
 am. id, 
 
 4. And if fufficient diftrefs cannot be found, three commifllo- Commitment 
 ners by their warrant may commit any perfon who fliall refufe or ^**' *""' "^ 
 negleft to pay for 20 days after demand, to the common gaol, 
 
 until payment Ihall be made. 20 G\ 2. r. 3, / ii. 
 
 5. Arrears maybe levied by the commillioners in the lame Lgy^;„_jj^jj.j 
 manner as the rates and duties. 21 G. 2, e. \o. /. ly. 
 
 6. Where the occupier removes without paying the rates, the Occupier re- 
 commilTioners are to tranfmit a certificate thereof, to the commif- moving, 
 fioners where the perfon refides ; wlio ihall caufe the fame to be 
 
 levied and paid to the coUedora of the place from whence the 
 perfon did remove. 20 G. 2. c. 3. /. 41. 
 
 VI. CollcElor paying to the receiver. 
 
 T. The coll (flors fhall pay in the money received, within ten Colleilor to pay 
 days after receipt thereof, to the receiver general or his deputy, t^ th« recsiver, 
 at fuch place as the commifli^ners fliall appoint. 20 G. 2. c, 3. 
 
 /7- 
 
 Provided that the roUeclor? fliall not be obliged to travel above 
 ten mi]es from their habitations, to pay the money colledted. 
 /24. , . _ , 
 
 2. Which receiver general fliall give acquittances gratis; which Receiver to give 
 fhall be a full difcharge to the collectors. 20 G. z. r. 3. / 2i. acquittances. 
 
 3. And the faid icceiver general fliall give notice of his ap- Deputy receiver, 
 pointment of a deputy (which appointment liiall be under hand 
 
 and feal) unto three or more commifiloners, within 20 days after 
 their firft meeting, and within 20 days after the death or removal 
 of any deputy. 20 G. 2, c. 3. / 23. 
 
 4. Every colledlor fliall have 3 d. in the pound, for what mo- Collector to have 
 ney he fhall pay to the receiver general, id. / 1 1 . 3 d- a pound. 
 
 5. And if the collector fliall neglect or refufe to pay the mo- Colleaor failing, 
 ney by him received, at the time appointed, three or more com- 
 
 miiHoners may imprifon his perfon, and feize and fecure his eftate 
 as well freehold as copyhold, and all other eftate both real and 
 perfonal to him belonging, or which fliall come to his heirs, exe- 
 cutors, or adminiftrators : Which commiflioners may appoint a 
 time for a general meeting of the commiflioners, giving publick 
 notice thereof ten days before ; and the commiflioners at fuch 
 general meeting may fell fuch eftates, or any part of them, for 
 payment. 20 G\ 2. c 3. / 16. 
 
 And if there be any arrear, by reafon of the failure of a col- 
 leflor for whom the panlh or place is anfwerable, three commif- 
 fioners may caule it to be re alfeifed in fuch pariflh or place, id. 
 
 /• 34- 
 
 6. And the colleftors fliall deliver a fchedule of arrears to the I^^tunung »r- 
 receiver general, to be by him returned into the exchequer, that '^^^^^ '"J^ 
 procefs againft the defaulters may be ilfued from thence. 20 G. 
 
 i, c. 3, j\ 21, 
 
 O 4 > The 
 
568 smi'ntoibs. 
 
 The receiver general ratuming any perfons in arrear who have 
 paid, fhail forfeit double damages to the party, and double the 
 fum to the the king. /I 25. 
 
 And no receiver fhall return any perfon in arrear in his ac- 
 counts, unlefs fuch account be pafied in the exchequer, within 
 two years after the end of the year for which fuch rate Ihall be 
 payable, but the fame fliall be a debt on him and his fecurities. 
 / 26. 
 
 VIL Receiver paying into the exchequer. 
 
 Times of paying 1 . The receiver general fhall pay the fum received into the 
 into the cxche- exchequer, by tour quarterly payments {'viz. June 24. Sep. 29- 
 ^""* Dec. 25. and Mar. 25,) or in 40 days after the refpeftive quar- 
 
 terly pay days ; on pain of 500 /. to him who fhall fue. 20 G. 2. 
 c. 3. / le. 
 Receiver's al- 2. And he fhall have an allov/ance of 2 d. in the pound, for 
 
 icwance. the money he fhall pay into the exchequer. /. i\. 
 
 FIJI. Duplicates to he tranfmitted into the exchequer, 
 
 Tranfmitting The commifTioners fhall caufe true duplicates of the afTefTments 
 
 the duplicates, jq be made out, within 3 months at farthefl: after March 25. 
 yearly ; the appeals being firfl heard and determined. Such du- 
 plicates to be made for the fame hundreds, wards, parifhes, or 
 place'^, for which diftinift duplicates are and have been ufually 
 made out for the land tax ; and the names and firnames of the 
 afTefTors and colledlors refpedively fhall be inferted therein. 20 
 G. 2. c. 3. / 10. 
 
 One of which duplicates fhall be delivered to the receiver ge- 
 neral, and another tranfmitted into the office of the king's re- 
 membrancer in the exchequer ; for which the proper officers fhall 
 give acquittances gratis, id. 
 
 And the commifTioners clerks fhall not have the i ^. i in the 
 pound, until this be done. /. i\. 
 
 IX. General penalty on officers not doing their duty. 
 
 1 . If any furveyor fhall knowingly, thro' favour or malice, 
 under rate or over rate, or omit to charge any perfon liable, or 
 fhall be guilty of any corrupt or illegal pradlice in the execution 
 of his office; he fhail forfeit lool. and his office. 20 G. 2. c. 3. 
 
 /lo. 
 
 2. AfTefTor guilty of concealment or favour in afTeffing, fliall 
 forfeit not exceeding 5/. nor under .^os. id. f. 6. 
 
 On thecolk^ior. 3- Colledor gatiiering by a rate not figned and allowed by the 
 commifTioners ; or receiving rates from perfons not charged there- 
 with ; or colleftjng from any perion more than he is charged, and 
 not paying the whole fum collected ; or fraudulently altering any 
 rate after being figned by the CommifTioners, fhall forfeit 20/. 
 id. /. 36. by uiltrcfs. f. 2S. 
 
 Penalty on the 
 furveyor. 
 
 On tleaffe.Tor. 
 
 And 
 
I. 
 
4 
 
 I 
 
szattttioibs. 569 
 
 '4. And generally ; If any affeffor, colleftor, or other perfon On others, 
 appointed by the commiffioner?, fliall wilfully negleft or refufe to 
 perform his duty, three commiflioners may fine him not exceeding 
 20 /. nor under 5 /. to be levied by diilrefs, and charged amongtt 
 the rates to the receiver general. /V/. / 2 1 . 
 
 5. And the penalties and forfeitures, for which no other way General mcfhoi 
 of levying is prefcriftcd, fnall be levied by warrant of three com- °* levying the 
 miffioners by diftrefc, rendiing the overplus, after deducing rea- ^^"^ 
 fonable charges for dirtraining. ;V. /. 28. 
 
 X. Indemnity of cjicers in doing their duty. 
 
 Perfons fued for any thing done in the execution hereof, may Treble cofts. 
 plead the general ilTue, and iiave treble colls. zoG. 2. c. 3./.66. 
 21 G. 2. c. 10. /. 20. 
 
 A. Precept to the high conftables to return aiTcflbrs. 
 
 Weftmorland J '^^ ^'^"''•'' ^''^■'"^' gentleman, high conftable of the 
 \ Well Ward within the faid county. 
 
 WE the ccmmijjioners of the duties upon hcufes and luindoixi 
 for the faid county , luhof names are hereunto fet, and feals 
 affixed, do hereby require you for tb^vtth ufo-^ the receipt hereof, to 
 i[jiie out your ivar rants to ail the petty coiijiahles tvithin your faid 
 Ward, accordijig to the form hereupon indorfed. Gi'ven under our 
 
 hands and fals the day of — — — /« the r— • 
 
 year ' 
 
 The form of the faid warrant to be indorfed. 
 
 Weilmorland C r^ ,, « , , ^ 
 Well Ward \ ^° '^' '^^"^"^^^ °^ ' 
 
 BY 'Virtue of a precept from the (ommiffoners of the duties upon 
 houfes and nvitidoivs for the faid county to me direded, you are 
 hereby required forthivith to gi-ve notice to the laji colhSors of the 
 Jaid duties ivithin your conjinbletmck, th..t they and e<vcry of them 
 
 do perfonaUy appear before the faid commijjioners at on 
 
 the day of at the hour of in the 
 
 forenoon of the fame day, in order to be appointed affcjfors of the faid 
 duties for this prefent year, and at the fame time to recei've their 
 charge, hoiv arid in ichat manner to jnake their affeffments, a7td 
 otherii.ife hoiv to proceed in the execution of thtir faid off ce. And 
 be you then there to certify ^jshat youjhall have done in the execution 
 
 hereof. Gi'uen under my hand the day of in the 
 
 year of our lord . 
 
 Henry Holme, high con fable. 
 
 B. Appoint- 
 
570 sminDoxbs. 
 
 B. Appointment of afleflbrs, with their charge. 
 
 Weftmorland. \T7 E ''''^ commijjionen of the duties u^on houfts 
 
 V V ^^'^ 'I'sindon.vi for the /aid county, n.i.hoj} names 
 
 are hereunto ftt and feals affixed^ do hereby nomincte and appoint 
 
 to he nJJ'Jj'ors of the /aid duties txithi?! the to^vn- 
 
 jhip of " 'in the county afortfnid. And iv* do hereby require 
 
 you thejnidajpjfors, to make your ajfeffmcnt for the fame, according 
 to the proportions of the Iff offejfment fr the faid duties ixi thin your 
 
 faid ton.Knfoip ; but nuithfuch alterations therein as (hull be nerejfary 
 hy rcafcn of any nezv houfs ereSled, or the number ofivind.nvs in any 
 houfe increafd, or the remo'ual and change of the inhabitants, or 
 pthertvife. And your faid off: ffmcnt you are to make out in 'uriting, 
 
 fetting forth therein the nam^s of the feveral occupiers or inhabitants, 
 the number of nxjindoijcs or lights, and the funi -j^hich they ought to 
 pay i ajid f.gn the fame ; and deliver the fame to us upon oath at 
 • ■■ in the county aforefaid, on the day of 
 
 • . in the forenoon of the fame day. At <which time and place 
 you are alfo hereby required to return unto us the names of tTJuo or 
 more able and fuficient inhabitants njjithin your Jaid toiwfjip, to be 
 collectors of the faid affeffment ; and in the mean time to give no- 
 tice unto them, that they do alfo then and there appear, to receive 
 their appointment, nomination, and charge. Given under our hands 
 and feals the day of 1 in the year of our lord 
 
 C. Appointment and charge of the colledlors, with 
 warrant to coUctft. 
 
 Weftmorland. W7 E '^^ ccmmifponers of the duties upon houfe i 
 
 W and 'vcindonvs for the faid county, ivhofe names 
 
 are hereunto fet and feals afixed, do h.riby nominate and appoint 
 
 • ■ ■ — to be colUclors of the faid duties for the tonxin- 
 
 Jhip of in the faid county, for this prefent year, and do herlt- 
 
 hy impoiver them to demand, eolleti, and recei've the feme. Andytu 
 the faid colledors are hereby required, avithin ten days cfler your re- 
 ceipt hereof, to caufe publick notice to be g!<ven in the church or chapel 
 immediately after divine firojice on the lord'' s day, and to cauje the 
 like notice in nvriting to be aff.xed on the door of fuch church or cha- 
 pel, that all appeals againji the ofjeffment for the faid duties ivill he 
 heard and determined by the faid conimi/fioners at • And if any 
 
 perJoM f?all negUSl or refufe to pay the fame unto you upon demand, 
 you are hereby required fart hivith to gi-ve notice unto us thereof, that 
 fuch further proceedings may he had therein, as to laixj doth apper- 
 tain. And the fame nvhen colled: d, you are hereby required to pay 
 unto the recei'ver general or his deputy, at the times and places 
 
 hereafter follotxing ; that is to fay, deducting out of tha 
 
 la jl payment thereof, 3d. for every pound by you colled ed, for your 
 trouble in colleSiin^ and giving receipts. Given under our ha fids and 
 feals the ■ d.:; of in the year of our lord 
 
 ii %k 
 
I 
 
S7X 
 
 mint. 
 
 t.'T^'T O wine (except of the growth of Tufca>;v, Turkey^ or In vefTr.ls of 
 
 x\ the Litwit) fhall be imported in flafks, bottles, or "^^^^ *•« *«» ^ 
 veiiels, lets than 2:5 gallons; on pain of forfeiting the fame, or ""P""^ ^ • 
 the value ; half to the king, and half to him that {hall feize or 
 fue by the laws of excife, or in the courts at prtJIminJltT. 1 G. 2. 
 fi. 2. c. 17. f. 7, 8. 
 
 2. No wine fhall be brought forth of France, but in £W//^ ^*' J'= JIT^'T*^ 
 Ihipping, en pain of forfeiture. 5 E/. r. 5. / i i. ^-^^^ 
 
 And the juftices in fefiiors may determine offences againll this 
 aft, by indictment or information. / 30. 
 
 3. The king may ilTue ccmmilhons to licenfe perfons to fell '""" '""^ "' 
 wine by retail, to be drank as well within the houie or other 
 
 place of th° party as without. 12 C 2. c. 2^. f z. 
 
 Which they may do for zi years, or under, for a yearly rent, 
 bat no tine. /. 3. 
 
 And no pTfon, not being fo authorized, fhall retail wine; on 
 pain of 5 /. half to the king, and half to him that fhall fue in 
 any court of record, i 2 C. 2. c. 25. / i. 
 
 /|. The lord chancellor, lord treafurer, lord prefident, lord ^^.-*'"5 *^« 
 privy feal, and the two chief jullices, or any three of them, fhall ^"^'"^ *** ^irxs. 
 yearly between AW. 20. and Dfc 3 i . fet the prices of wines 
 fold in grofs; fo that proclamation be made thereof in term time 
 in the court of chancery, or in the town wheie they fhall be fold ; 
 end if any perfon fhall offend againll the faid afTtiTment, he 
 fliall forfeit for every vellel 40 j. half to the king, an3 half to 
 the mayor if in a town corporate ; and if not, to him that fhall 
 fue. 2S //. 8. c. 14. / 2, 3. 37 H. 8. c. 23. /. 2. 12 C. 2. 
 f. 25. 7:13.^ 
 
 And the juflices of the peace, and mayors, may hear and de- 
 termine the defaults of fucn offenders, and punifh them by im- 
 prilonment, or otherwife, by their dilcretions. 28 H. 8. c. 14. 
 
 /4- 
 
 And by the 37 H. 8. r. 23. If any perfon fhall refufe to fell 
 at the prices limited, the mayor and recorder and two ancient al- 
 dermen in Londorj, being no vintners; and the mayor, aldermen, 
 and other head officers elfwhere, or any two of them, whereof 
 the mayor or chief alderman to be one, may enter and fell the 
 fame to the owner's ufe. f. 3. 
 
 !;. No perfon feliirg wine fhall mix wines together, nor with AJultwating 
 any other thing; on pam that the feller in grofs fhall forfeit 100/. w'""* 
 and the retailer 50 /. h .If to the king, and half to him that Ihall 
 fue in any court of record, i 2 C. 2. r. 25. / 1 1. 
 
 6. By the 5 ^«. r. 27. 231 cubical inches fhall be a wine Wine mearure. 
 gallon, 63 gallons a hogfhead, 126 gallons a butt or pipe, and 
 252 gallons a ton. J. 17. 
 
 B, fee. Sec ^.rcife. 
 
 Oiu'tcljccartv 
 
572 
 
 52!litcl)ctaft. 
 
 Witchcraft abo- i. TQ Y the Q G. z. c. 5. No profecution, fult, or proceed- 
 
 ^'^'** X3 i"g' ^^'1 b^ commenced or carried on againft any per- 
 
 fon for witchcraft, forcery, inchantment, or conjuration, or for 
 
 charging another with any fuch oiFence, in any court whatfoever. 
 
 Pretending to 2. But if any perfon fliall pretend to exercife or ufe any kind 
 
 witchcraft. ©f witchcraft, forcery, incb?.nCment, or conjuration ; or under- 
 
 take to tell fortunes ; or precend from his fkill or knowledge in 
 any occult or crafry fcience, to difcover where, or in what man- 
 ner, any goods or chattels, fuppofed to have been flolen or loft, 
 may be found ; every perfon (o offending, being convifted on 
 indidment or information, lliall fuffer imprifonment for a year 
 without bail or maiiiprize, and once in every quarter of the faid 
 year, in feme mari<ec town of the proper county, upon the mar- 
 ket day there, iland openly on the pillory for one hour, and alfo 
 Ihall (if the court by which fuch judgment (hall be given fhall 
 think fit) be obliged to give fureties for his good behaviour, in 
 fuch fum, and for fuch time, as the faid court fhall judge proper, 
 according to the circumftances of the offence, and in fuch cafe 
 fhall be further imprii'oned until fuch fureties be given. /. 4. 
 
 Eaitncffcg. See csaiociicr. 
 
 Olio men. 
 
 Concerning women confidered as lui-ves, or femes covert ; fee 
 title Caifc. 
 
 Concerning women having two hufbands, or men two wives ; 
 fee title ^olfgaiui'. 
 
 Concerning the ravifhment of women, fee title 1Riipc« 
 
 For clandeftine marriages, and counterfeiting marriage licences 
 and regifters; fee title )SS^sxxiaa,c, 
 
 Carnally know- I- T F any perfon fiiall unlawfully and carnally know and abufe 
 
 ing a female child J[ any woman child under the age of ten years, he fhall be 
 
 under ten. g^jj^y ^f f^^^^^ without benefit of clergy. 18 El. c. 7. 
 
 Taking a wo- 2. None fhall take by force any maiden within age (that is, 
 
 man by force, the age of I : years, being the age of confent to marriage, 2 hji. 
 
 182.) by her own confent nor without ; nor any wife or maiden 
 
 of full age, nor any other woman againil her will ; on pain of 
 
 imprifonment for two years, and after, fine at the king's will. 
 
 3 Ed. I . f . I 3 . 
 
 Forcing her to 3- l^f any perfon take by force, or otherwife, any woman folc, 
 
 fcscome bauftd. having any I'ub.lance of lands, tenements, or moveable goods. 
 
 and int'orce her before fhe be fct at liberty, to bind her felf to 
 
 I bim 
 
CJaomCtt. 573 
 
 him by llatute or obligation ; fuch bond {hall be void. 3 1 //. 6. 
 c. 9. 
 
 4. Whereas women, as well maidens, as widows, and wives, The offenc* 
 having fubftances, fome in goods moveable, and fome in lands ^°^i|^°"^*^'' 
 and tenements, and fome being heirs apparent unto their ance- heireU. 
 ftors, for the lucre of fuch fubftances, are oftentimes taken by 
 mifdoefs, contrary to their will, and after married to fuch mif- 
 doers, or to other by their aflent, or defiled, — it is enafted, that 
 whatperfon that taketh any woman fo againll her will unlawfully, 
 that is to fay, maid, widow, or wife, that fuch taking, procu- 
 ring, an^ abetting to the fame, and alfo receiving wittingly the 
 fame woman io taken againft her will, and knowing the fame, 
 be felony ; and that fuch mifdoers, taker?, and procurators to the 
 fame, and receitors, knowing the faid offence, (hall be adjudged 
 as principal felons. 3 H. 7. c. 2. And by the -^qEl. c. 9. Benefit 
 of clergy is taken away from the principals, procurers, and ac- 
 ceflaries before. 
 
 Upon the face of which faid ftatute of the 3 H. 7. thefe things 
 are required to make the offence felony ; i . That the maid, wife, 
 or widow, have lands, or tenements, or moveable goods, or be 
 an heir apparent. 2. That (he be taken away againft her will. 
 3. That the taking was for lucre. And 4. That Ihe be married 
 to the mifdoer, or to fome other by his confent ; or be defiled 
 (that is, carnally known.) For if thefe concur not, and be fo laid 
 in the indictment, the mifdoer is not a felon within this flatute, 
 but otherwife to be punifhed. 3 hji. 61. i Ha^v. iio. 
 
 The faid ait makes not only the takers, but the procurers, and 
 abettors of the felony, and receivers of the woman wittingly, 
 knowing the fame, to be all principal felons ; the like whereof 
 Lord Lake fays he hath not found in any other ftatute that he 
 remembers. But by a conftruftion of the common law, they that 
 receive the mifdoers, and not the woman, are acceffaries only. 
 3 Injl. 61, 62. 
 
 But thofe who are only privy to the marriage, but no way 
 parties to the forcible taking away, or confenting thereto, are not 
 within the ftatute. i Ha^j. iio. 
 
 It is no manner of excufe, that the woman ajt firft was taken 
 away with her own confent ; becaufe if ftie afterwards refufe to 
 continue with the offender, £nd be forced againft her will, fhe 
 may from that time as properly be faid to be taken againft her 
 will, as if ftte had never given any confent at all ; for till the force 
 was put upon her, fhe was in her own power, i Hazu. 1 10. 
 
 Alfo, it is not material, whether a woman fo taken contrary to 
 her will, be at laft married or defiled with her own confent, or 
 not ; if fhe were under the force at the time, i Hanu. 1 10. 
 
 In Fuhvcoa's cafe, M. i 3 C. it was refolved, that the woman 
 taken away and married, may be fworn and give evidence againft 
 the offender, who fo took and married her, tho' ftie be his wife 
 de/aclo. I H. H.661. 
 
 5. If any perfon above the age of 14 year?, fhall unlawfully Takln? a wortf a 
 take or convey, or caufe to be taken or conveyed, any maid or under lu. 
 woman child uninarried> being within th« age of 1 6 years, out 
 
 of 
 
574 
 
 Appeal by a wo- 
 man. 
 
 Peerefles how to 
 lie tried. 
 Woman fland- 
 iog mute. 
 
 Benefit of 
 
 slcrgy. 
 
 Judgment in 
 treal'on and 
 felony. 
 
 PJM of pre^. 
 nincy. 
 
 mmitti. 
 
 of the poffeffion and againll the will of her father, or raothcrj or 
 guardian ; he fhall fuffer two years impiifonnient, or pay ftich 
 tine as fhall be afleiTed by the court, half to the king, and half to 
 the parties grieved. ^& ^ P. & M. c 8. /. 3. 
 
 H. 1 5 G. 2. K. againll Corrforth and others. The court 
 granted an information againlt the defendants, for taking away a 
 7;«/a/W daughter under i6, under the care of her putative father i 
 being of opinion it was within this Uatute. i>tr. i i6z. 
 
 And if any perfon fliall fo take away, or caufe to be taken 
 away, and dvf.our^ any fuch maid or woniin child ; or lli.iH againft 
 the will or knowledge of the father, or if he is dead, of the mo- 
 ther having tuition of fuch child, contra,^ tnatiimofiy with her 
 by letters, melfagcs, or othcrwife ; he fliall be imprifoned for five 
 years, or pay fuch fine as (hall be aflcfied by the court, half to 
 the king,, and half to the parties grieved. /. 3. 
 
 And it any woman child or maiden, being above the age of i 2 
 years, and under 16, fhall confent or agree to fuch perfon fo 
 making fuch contraft of matrimony ; the next of kin to her Hull 
 have, hold, and enjoy her lands during her life. /" 6. 
 
 But by the 26 G. 2. c. 33. No fuit fhall be hud in any eccle- 
 fialtical court, in order to compel a celebration of marriage in 
 facie ecclijia, by reafon of any contradt of matrimony whatibever, 
 whether per <vcrha dt p-afentiy or per 'vtrha de fuiuro. And the 
 marriage of any perfon under the age of 21, without the confent 
 of parents or guardians, Lliall be null and void. 
 . 6. In an appeal by a woman, the appellee cannot wage battel, 
 but mull put himfclf upon his country, z tla-^.v 427. 
 
 7. Peereffes fliall be tried as peeri» for treaion or felony. 20 
 H. 6. c. 9. 
 
 8. Women upon (landing mute, are liable to paim fat £5* dure, 
 as men are. 2 Ha^. 331. 
 
 9. A woman being convi6led for an offence, for which a man 
 may have his clergy, fhall fuffer rhe fame panilhment as a maa 
 fhould fuffer, that has the benefit of his clergy allowed ; that is, 
 Ihall be burnt in the hand, and further kept in pr fon as the court 
 fliall think fit, not exceeding one year. 3 iV. c. 9. 
 
 But fhe fhall have the benefit of the faid ilatuce but once. 4 t^ 
 5 W. c. 24. / 13. 
 
 10. The judgment againft a woman, in cafe of high treafon is, 
 not the fame as againlt a man traytor, to be hanged, cut down 
 alive, have the bowels taken out, and ;he body quartered ; but 
 to be drawn to the place of execution, and there burned : 
 
 And this alfo is the judgment againll a woman, in cafe of petit 
 treafon; whereas the judgment againll a man for petit treafon is, 
 that he fhall be hanged : 
 
 But in cafe of felony, the judgment is the fame againll both 
 man and woman, to be hanged by the neck till dead. 2 /iaic. 
 444. 
 
 11. It is clear, that if a woman quick with child be condemned 
 either for treafon or felony, fhe may alledge her being with child 
 in order to get the execution refpited, and therespon the fherifF 
 ihall be commanded to take her into a private roon), and to im- 
 panel 
 
w^mn. 575 
 
 panel a jury of matrons to try and examine, whether flie be quick 
 with child or not; and if" they find her quick with child, the ex- 
 ecution (hall be refpited till her delivery. But it is agreed, that 
 a woman cannot demand fuch refpite of execution, by reafon of 
 her being quick with child, more than otice. 2 Haiv. 464. 
 
 12. Women are not obliged to appear at the torn or leet. Attending the 
 2 Ha-iv. 1^7. tern and leet. 
 
 13. Mr. lla^vkins feems to be of opinion, that a cuftom of Serving the of- 
 the inhabitnnts ferving the ofiice of conftable by turns, is good ; ficc of coaftablc. 
 and that when it comes to the turn of a woman inhabitant, Ite 
 
 muft procure one to ferve for her. 2 Haiv. 63. 
 
 I. T T is proper to infert here in the firll place, a claufe in the Pulling down 
 
 J. ftatute of the 1 7, E^. \. Ji. i. c 46. both upon its own fiedg" of ground 
 accoant, and its being referred to afterwards by fubfcquent fta- ""P''°^'c<i« 
 tutes ; 1-7Z. li'kere Jonuttme it chanceth, that one halving a right to 
 appro've, doth then leajy a dyke or an hedge, and fame by night, or 
 at another fen Ion, nuhen they fuppofe not to be efpied, do o-verthroiv 
 thd hedge or dyke, and it cannot be kno-n:n by lierdi^ of the affxe or 
 jury, nxho did o'verthronfj the hedge or dyke, and men of the tovjns 
 near nuill not indid fuch as be guilty of the fa8 ', the to^vns near 
 adoinivg fhall be dijirained to levy the hedge or dyke at their otvn 
 (of, and to yield damages. 
 
 And by the 3 &: 4 Ed. 6. c. 3. Such pttfon as fhall bring an 
 ajjizc hereupon, and kwje judgment to reco-ver, fhcll haije his da- 
 mages trebled by the judgment of the court, f. 4. 
 
 One halving a right to appro-ve"] Forafmuch as the lord ought to 
 divide the parts of the common improved, by the hedge, ditch, 
 or other defence ; now this ciauie provldeth, that if perfons un- 
 known, either in the night or otherwife, fo fecretly proflrate the 
 ditches, hedges, or other fences, as the lord cannot know againfl 
 whom to bring his afTize or other action ; and the men of the 
 towns next adjoining thereunto round about do not indidfl the mif- 
 doers of the fad, thofe next towns round about fhall be dillrained 
 to make the hedge or ditch at their own coft, and yield damages 
 to the lord. 2 hiji. 476. 
 
 Indict'] That is, indift him at the king's fuit, either of a riot, 
 force, or trelpafs : But here it is demanded, what time have the 
 next towns round about adjoining to indiil the mifdoers, feeing 
 here is no time appointed ; and the anfwer is, that feeing no time 
 is appointed, the law do;ii appoint (as in many cafes it doth) a 
 year and a day for the indii^ting of the mifdoers ; and by the in- 
 diftment the lord ihall kuow againft whom to bring his allien. 
 2 Inf. 476. 
 
 The 
 
576 atttOOH. 
 
 The toi.vtis near adjoining Jhall be dijlrained to Ufvy the hedge or 
 dyke, at their onxin coji, and to yield Jiamages'] If the bordering 
 towns do not within a year and a day indid the mifdoers, then 
 Ihall the lord or other party grieved bring his aftion upon this 
 branch, againfl the towns bordering round about the town where- 
 in the faft was done, and judgment fliall be given, that they fliall 
 at their proper colls make the ditch or hedge, and yield damages ; 
 and after judgment given, they fhall be diftrained to make the 
 hedge or ditch. 2 /;//?. 477. 
 Catting down 2. By the 35 //. 8. c. 17. intitlcd, The bill for the prefer'vation 
 
 \voods wherein of ivoods, No perfon who fliall have any woods or underwoods 
 af paflurc. wherein others have common of pafture, fliall cut down the fame, 
 
 until the fourth part thereof fhall be fet out and fenced by flie lord 
 with the aflent of the major part of the tenants ; and if they can- 
 not agree, then two juftices being thereunto appointed by the more 
 number of the juftices of the fliire in their quarter feillons, fliall 
 fet out the fame. / 7. 
 Burning coal 3. If any perfon fliall malicioufly, willingly, and unlawfiolly 
 
 wood j barking burn, or caufe to be burned, any heap of wood prepared, cut 
 fiuit trees. ^^^ felled, for making of coals, billets, or talwood ; or bark any 
 
 apple trees, pear trees, or other fruit trees ; he fhall forfeit to the 
 party grieved treble damages by adion of trefpafs at the common 
 law, and alfo 10/. to the king. 37 //. 8. c. 6. / 4. 
 Robbing or- ^ Every perfon who fhall rob any orchards or gardens ; or 
 
 mg heigesrp'j'l- ^""^^^ °'' ^^^ ^"^ hedge, pails, rails, or fence ; or dig, or pull up, 
 ling up fnii't or take up any fruit tree or trees in any orchard, garden, or elfe- 
 tress ; iVoiling where, to the intent to take and carry the fame away ; or fhall cut 
 wood growing, q^ fpQJi g^y vvoods Or underwoods, poles, or trees tlanding (the 
 fame not being felony by the laws of this realm) ; every fuch per- 
 fon, his procurers and receivers, knowing the fame, being thereof 
 convitted by confefhon, or oath of one witnefs, before one juftice 
 for mayor), fhall give to the party fuch recompence and fatisfac- 
 -tton for damages, and within fuch time, as the faid juftice fhall 
 appoint ; and the fame to be only for the firft fault : And if fuch 
 ofl'ender fhall be thought by the juftice not able, or do not make 
 fuch recompence, then he fhall commit him to the conftable where 
 the offence fliall be committed, or the party apprehended, to be 
 whipped. And for every fuch offence for which the offender fliall 
 be eftfoons committed in form afore limited, the perfon fo offend- 
 ing to receive the faid puniftiment of whipping. 43 El. c. y.f. 1. 
 And if the conftable flial! not by himfelf, or fome other execute 
 upon the offender the faid punifliment, the juftice may commit 
 him to the common gaol tjU he comply. /. 2. 
 
 Note, that robbing of orchards doth not feem to be compre- 
 hended in any other l^atute, fo that the punifhment thereof is re- 
 itrained to this ftatute : But the other offences abovementioned are 
 further puaifliable by other ftaiutes hereafter following : 
 
 The fame not heir.g felony by the laivs of this realm\ The diftlnc- 
 tion in which cafe feemeth to be this ; If they be any v.ay annex- 
 ed to the freehold, as trees growing, or apples growing upon the 
 trees, then the taking and carrying them away is not felony, but 
 
 only 
 
MODD. 577 
 
 toly a trefpafs, for a man cannot ftcal part of the freehold ; but 
 if they be fevered from the freehold, as wood cut, or apples ga- 
 thered from the trees, then the taking of them is not a trefpafs 
 only, but felony. 
 
 5. By the 15 C. 2. c. 2. The conftable may apprehend, or Hedge breaklngj 
 I caufe to be apprehended, every perfon he fhall fufpeft having or ■"'| "^^^"^ ^^"^ 
 
 carrying any burden of any kind of wood, urderwood, poles, or °'°' 
 young trees, or bark, or baft of any trees, or any gates, Ililes, 
 
 ports, pales, rails, or hedgewood, broom or furze; And by 
 
 warrant of one juftice ( A ) direfted to any officer, fuch officer (hall 
 have power to enter into and fearch the houfes, outhoufes, yards, 
 gardens, or other places belonging to the houfes of every perfon 
 they fhall fufp&5l to have any kind of wood, underwood, poles, 
 or young trees, or bark, or baft of any trees, or any gates, llites, 
 polls, pales, rails, or hedge wood, broom or furze ; and where 
 they ftiall find any fuch, to apprehend the perfons fifpedled for 
 cutting and taking the fame; And as well thofe apprehended car- 
 rying, as thofe in whofe houfes or other places the fame ftiall be 
 found, to carry before one juftice. And if fuch perfon do not then 
 and there give a good account how he came by the fame, fuch as 
 ftiall fatisfy the faid juftice ; or elfe ftiall not in fome convenient 
 time to be fet by the faid juftice, produce the party of whom he 
 bought the fame, or fome credible vvitnefs to depofe upon oath 
 fuch fale thereof, he ftiall be convidled of cutting and fpoiling the 
 fame, and puniftied as by the faid a(fl of the 43 EI. and further 
 by this a£l : 
 
 That is to fay, he ftiall for the firft offence give the owner fuch 
 recompence or fatisfadion ( B ) for damages, and within fuch time, 
 as the juftice ftiall appoint ; and over and above pay down pre- 
 fently to the overfeers for the ufe of the poor, fuch fum not ex- 
 ceeding loj. as the juftice ftiall think meet; and if he do not 
 make fuch recompence, and alfo pay the faid fum to the poor, 
 the faid juftice ftiall commit him (C ) to the houfe of corre£lion rot 
 exceeding one month, or to be whipped ( D ) by the conlhble. 
 " And if he ftiall again commit the faid off"erxe, and be thereof con- 
 vifted as before, ne iliall be fent to the houfe of corre£lion for one 
 month, and be there kept to hard labour. And if he fnall again 
 commit the faid off"ence, and be thereof convided as before, he 
 ftiall be deemed an incorrigible rogue. 
 
 But no perfon ftiall be punifhed by this adl, unlefs he be que- 
 ftioned in fix weeks after the offence committed. 
 
 6. And by the faid aft of the 15 C. 2. c. 2. Whofoevcr ftiall Buying cf ftolsn 
 buy any burdens of wood, or any poles or fticks of v/ood, or any wood. 
 
 other the premiffes, which may be juftly fufpefted to have been 
 ftolen or unlawfully come by ; one juftice (on complaint in fix 
 weeks as afore f^id after the offence committed) may examine the 
 matter on oath ; and if he ftiall find that the fame was bought of 
 a perfon v/ho might jafdy be fufpected to have ftolen or unlaw- 
 fully come by the fame, and that the fame was ftolen or unlaw- 
 •■ fully come by, he may award the party who bought the fame to pay- 
 treble value ( E ) to him from whom it was unlawfully taken ; and in 
 default of prefent payment, may iftue his warrant to levy che fame 
 Vo L. il. ' Pp by 
 
578 
 
 mma. 
 
 by diftrers (F), and in default of diftrer5, to commit the party t9 
 gaol at his own charge, there to remain one month without bail. 
 Deftroying wood 7, If any perfon (hall either by diy or night, cut, take, de- 
 growing, or the ftroy, break, throw down, bark, pluck up, burn, deface, fpoil, 
 wcloiBres there- ^^ ^^^^^ away, any wood fprings, trees, poles, wood, tops of 
 trees, under woods or coppice woods, thorns or quickfet?, with- 
 out the confent of the owner, or of the perfon chiefly intruded 
 with the care and cuftody thereof; or (hall break open, throw 
 down, level, or deflroy any hedges, gates, ports, (liles, railing, 
 wall?, fences, dikes, ditches, bank% or other indofure thereof; 
 the owner may have fuch fatisfadtion and recompence from the 
 inhabitants of the parifhes, towns, hamlet?, villages, or places, 
 joining on fuch wood fprings or wood grounds, and recover fuch 
 damages againft fuch place or places, and in the fa.me manner and n 
 form as by the (above recited) adl of the i) Ed. \. ft. i. c. 46," 
 Unlefs the offender, by fuch parifhes or place?, be convidled iA* 
 
 fix months. 6 G. c. 16. f. i. This is to be ufiderrtood, if the 
 
 offender is not known. 
 
 But if the offender is known, then it is enabled as follows ; njiz. 
 If any perfon (hall in a riotous, open, tumultuous, or in a fepret 
 or clandeftine manner, forcibly or wrongfully and malicioufly, and 
 without confent of the owner, or perfon chiefly intruded with tha 
 care thereof, cut down, deftroy, break, bark, throw down, burn, 
 take, deface, fpoil, or carry away, any wood, or fprings 0^ 
 wood, underwood, or coppice wood ; or break open, throw down, 
 level, or deiboy any hedges, gates, polls, ftilps, rails, fences, 
 ditches, banks, or inclofures of fuch woods, woody grounds, cop- 
 pices, plantations, timber trees, fruit trees, or other trees, thorn«, 
 or quickfets ; Two juftices, or the juftices in feff:ons, on complaint^ 
 made by any inhabitant of fuch parifh or place, or by the owner 
 of the wood, or by any other, may caufe the offender to be ap- 
 prehended, and hear and determine the offence; and on convidion, 
 fhall commit ( G ) the offender to the houfe of correftion to hard, 
 labour for three months, and where there is no houfe of correct 
 tion, then to the prifon for four months, and fhall alfo order the 
 offender to be publickly whipped by the mafter of fuch houfe of 
 correction once a month, during fuch three months, if it is in a 
 borough ; or in the market town where fuch houfe of corredtioa 
 Hands, or in the next market town next adjacent to fuch houfe of 
 correftion, on the market day, between the hours of eleven and 
 two. And where there is no houfe of corre£lion, the faid judices 
 ihall order him to be whipt by the common hangman once a, 
 month, during fuch four months, on the market day of fuch bo- 
 rough, or on the market day of fome town, between the hours of 
 eleven and two. i G. ft. 2. c. 48. f. 2. 6 G. c. 16. /. 2. 
 
 And before he (hall be difcharged, he fhall find fufficient fure- 
 ties for his good behaviour for two years. 1 G. ft. 2. c. 48. / 3. 
 Deftroying plan- 8. By the 22 cf 23 C. 2. <r. 7. If any perfon (hall in the night 
 tarions, or time, malicioufly, unlawfully, and willingly deftroy any planta- 
 
 thiowmgdown tions of trees, or throw down any inclofures; he fhall forfeit to 
 nlllit."'^" ^^ ^^ f^'^ grieved, treble damages. / 5. 
 
 2 Ani 
 
fr 
 
QStOOO. 579 
 
 And three juftlces (i i^) may enquire thereof, in fix months, 
 as well by a jury, as by examination of witneffes on oath, or by 
 any lawful ways, which to them fhall feem meet. J. 6, 7. 
 
 9. If any perfon fl:iall maliciorfly fet on fire, or burn, or caufe Setting fire t« 
 to be burnt, any wood, underwood, or coppice, or any part ^°o<^- 
 thereof; he fhall be guilty of felony, i G. fi. 2. c 48. /. 4. 
 
 10. By the 9 G. r. 22. commonly called the Black ad, (which ^sftroying trees, 
 by the 24 G. z. c. 57. hath continuance to Sep. i. 1757, l^c.) If^bl '™f,^°°4 
 any perfon fhall unlawfully and malicioufly cut down, or otherwife 
 
 deflroy any trees planted in any avenue, or growing in any garden, 
 orchard, or plantation, for ornament, fhelter, or proSt ; or fet 
 fire to any flack of wood ; or forcii.ly refcue any perlbn in cuilody 
 for any the faid offences ; or by promife or reward procure any 
 to join hiai therein ; he fhall be guilty of felony without benefit 
 of clergy. And the hundred fhall anfwer damages. 
 
 Which faid aifl is inferted more at large in the title of that 
 name. 
 
 1 1. By the I izf z P. & M. c. 5. No perfon fhall carry any Exporting wo«J, 
 wood out of the realm, on pain that the owner of the fhip fhall 
 
 forfeit the fliip and tackle ; the owner of the wood, double value 
 of the wood ; and the mafter and mariners all their goods, and be 
 imprifoned for a year. f. 2. 
 
 And if any perfon fhall carry any wood to any fhip, to be 
 tranfported ; the owners, mafters, and mariners, fhall forfeit in 
 like manner, f. 3. 
 
 And if any perfon fliall obtain of the king a licence to tranfport 
 wood, and fhall carry more than is contained in his licence; he 
 fliall forfeit treble value, and be imprifoned for a year. f. 4. 
 
 And tiiey which have licence, fhall lade all at one place certain ; 
 on pain of forfeiting all their goods and chattels. / 5. 
 
 The faid forfeitures to be half to king, and half to him that 
 (hall fue in any court of record; Moreover, all and lingular ju- 
 ftices of the peace, within three years after any offence committed, 
 »ay hear and determine the fame by a jury. J. 6. 
 
 A. Warrant to fearch for ftolen wood ; on the 
 15 C. 2. c. 2. 
 
 '1 
 
 Wellmorland. < To the conftable of ■ 
 
 WHEREAS A. I. of ' yeoman, hath this dey made cati 
 
 before me J . P. efquire, one of his majejiys juftices of tht 
 fe ace for the faid county, that divers quantities of 'wood, ivithin the 
 /pace of fx iveeks laft paf, hanje been cut, taken, and carried 
 
 anx'ay off and from his lands at — — in the faid county [or as ths 
 
 cafe fhall be] ; and that he hathjuft caufe tofufped, and doth Jufpeilt 
 that the fid ivood, or part thereof, is concealed in the houfs, cut- 
 houf. s, yards, gardens, or other places belonging to fuch houfs, of 
 
 A. O. of I I yeoman, at > afcrefaid ; Thefs are thcn- 
 
 P p 2 frt 
 
58o aatooti. 
 
 Jore to require you to enter into, and/: arch the/aid hou/es, outhonfeif 
 yards, gardens, or other places belonging to fuch houfcs of him tht 
 
 faid A O. at o/orefaid; and if on fuch fearch you fhall 
 
 there fnd any fuch njcood, that then ycu atprehend the per fan in luhoje 
 boufe, outhouft, or other place it Jhall be found, and bring him be- 
 fore me, or fome other of his mojeffs jujiices of the peace for the 
 faid county, that fuch fr oceedings may be had thereupon, as to laixt 
 
 doth appertain. Gi'ven under my hand and feal at ■ — in tht 
 
 faid county, the ■ day o f •• in the ——yiar • « 
 
 B. Order for fatisfafbion to the owner ; on the 
 15 C. 2. c. 2. 
 
 Weftmorland. "ITT HEREAS A. I. of . in the faid 
 
 W county, yeoman, on the ' day of- ■ 
 
 «c-7i' laji pafl, did make oath before me J. P. efquire, one of his ma- 
 jejiys jufices of the peace for the faid county, that on or f nee the 
 
 di:y of noiv lajl pcf, a certain quantity of ivood, 
 
 the property of him the faid A. I. at in the pnrifh o f 
 
 in the county oforefaid, nvas cut andfpoiled, and Jrom thence taken 
 nnd carried aivay ; and that he had juft cauje to fufpeci, and did 
 
 fufpen, that A. O. of in the faid county, yeoman, did cut, 
 
 fpoil, take, and carry aivay the fame; AndiL-hereasthefaidA.O. 
 
 teas on the day of nonu lajl pafi, apprehended by 
 
 A. C. confable of in the faid county, carrying nicood fufpeEled _^ 
 
 to be folen by kirn the faid A. O. [Or, njchereas a certain quantity of ■ 
 nvood, fvfpcded to be folen, ivas this day, by 'Z'irtue of my 'warrant 
 
 for that purpofe direSed to the confab le of in the faid county, 
 
 found in the houfe [or other place] 0/ the faid h. O. at • 
 aforefaid] And nx) here as the faid A. O. being no~M brought before 
 me, hath not given to me any fatisfaElory account ho^v he came by 
 the faid ivood, nor can produce the party of nvhom he bought the 
 fame, nor any credible ivitnefs to tefti/y upon oath the fale thereof; 
 therefore the faid h. O. is convicicd by me of cutting, fpoiling, ta- 
 king, and carrying anvay the faid nvood; And luhereas alfo it is duly 
 
 prc-^id before me, that A. I. of aforefaid, yeoman, ivas and 
 
 is the oivner of the faid ivood, and that the faid ojfence nxjas com- 
 mitted at aforefaid, in the parifh of in the faid 
 
 county, 1 do therefore hereby order and appoint the faid A. O. ivithi/t 
 thefpace of' days nonu next enfuing, to pay unto the faid 
 
 A. I. the fum of- in recompence and fatisfailion for damages 
 
 done unto him the J aid A. I. by him the faid A. O. in cutting, fpoil- 
 ing, taking and carrying a^way the faid n.uood ; and 1 do alfo hereby 
 order the faid A. O. n.vithin thefpaca of • ■■ days noiv next en- 
 
 fuing as aforefaid, to pay to the onjcrfeers of the poor of the parifh 
 
 of- — aforefaid, for the ufe of the poor of the faid parijh, the 
 
 fum 0/ los. for his faid offence. Gi'ven under my hand and feal, 
 at ■■ in the faid county, the ' • doy of ■ 
 
 C. Commit' 
 
C. Commitment thereupon for non-payment. 
 
 f To the conftable of and to the keeper 
 
 Weftmorland. < of the houfe of cOrreftion at ■ in the 
 
 ^ faid county. 
 
 HEREAS A. I, of in the faid county ^ yeoman, 
 
 on the • ' ■' iiay of noav laji pnfl, did make oath 
 
 lefjre me J. P. efquire, one of his majeflyi jujiices of the peace for 
 the faid county, that tvithin the fpace of fix days then laji pafl, a 
 certain quantity of njjood, the property of him the faid K. I., at 
 ' in the parijh of——— in the county aforefaid, nuas cut and 
 
 fpoiled, and from thence taken and carried anxiay ; and that he had 
 
 juji caufe to fufpeSl, and did fufpeii, that A. O. of in the 
 
 faid county, yeoman, did cut, fpoil, take, and carry anxiay the fame ; 
 
 j^nd n.vhereas the faid A. O. ivas on the day of 
 
 noiv laf paji, apprehended hy A. C. conflahle of in the faid 
 
 county, carrying <WQod fufpeSled to be fiolen by him the fad A. O. 
 [Or, nvhereas a certain quantity of nioood, fufpeSicd to be fiolen, 'was 
 on the ■ day of- no-iv lafi pafl, by 'virtue of my ijcar- 
 
 r ant for that purpofe direded to the confiable of in the faid 
 
 county, found in the houfe (or other place) of the faid A. O. at 
 ——-—— aforefaid \\ And 'whereas the faid A. O. on the 
 day o f - nonv lafi pafi, halving been brought before me, did )iot 
 
 and cDuld not giiie to me any fatisfuSlory account homo he came by the 
 faidnxjood, nor could produce the party of nuhom he bought the fame ^ 
 nor any credible luitnefs to tefiify upon oath the fale thereof, and 
 thereupon ivas by me conniided of cutting and Jpoiling the faid 
 ixjood, and ordered to pay to the faid A. I. the oivner of the ' 
 faid 'wood, the fum of———— ivithin • days then next 
 
 enfuing, in recompence and JatisfaSlion for darnnges, and alfo the 
 fufn of 10 s. to the omcrfeers of the poor oj the parijh of 
 aforefaid 'where the faid offence nvas committed, for the ufe of the 
 poor of the faid parijh ; Aud ivhereas it appears to me, that the 
 faid fe'veral funis ha^ve been duly demanded of him the faid A. O. 
 but that he the faid A. O. hath refuj'ed, and doth rejufe to pay, 
 and hath not yet paid the fame, nor any part thereof : 1 do therefore 
 
 hereby require you the faid coifiahle of aforefaid, to con'Vty 
 
 the faid A. O. to the faid houf of correction at — — — aforefaid, 
 and to deli'ver him to the keeper thereof together 'with this nvarrant : 
 And I do hereby command you the faid keep-^r to recei've him into your 
 cufiody in the faid houfe of correSlion, and there to detain him for the 
 
 fpace of days from the day of the date hereof. Herein fail 
 
 ycu not. Given under my hand and feal, at ■ in the faid 
 
 county, the — day of in the year < 
 
 D. If inftead of being fent to the houfe of corredlion, he is 
 
 ordered to be whipt, then fay, 1 do therefore hereby command 
 
 you the faid confiable fortlnvith to recei've the faid A. O. into your 
 cufiody, and to firip him naked from the middle upiuards, and ivhip 
 him until his body be bloody. 
 
 P p 3 E. Ordex 
 
582 22Jo0ti. 
 
 E. Order for the buyer of ftolen wood, to pay treble 
 
 damages •, on the 15 C. 2. c. 2. 
 
 Wellmorland. "ITT HEREAS // hath k-en duly frcvtd before 
 
 W mc ejquire, one of his majfiys jujHces 
 
 of the feaee for the /aid county, that A. O. of yeoman y 
 
 did ixithin the /pace cf fix lUicks nanv hiji paf, buy f'veral bur- 
 dens of ixood, cf ^. O. of yeoman, and that he the faid 
 
 B.O. is jujlly fufpeded to hwvefolen the fame from A. I. of——— 
 yeoman, and that the faid tvood, at the time ijchen the faid h. O. 
 fo bought the fume, njuas of the <value of i o s. I do theitfore hereby 
 order that the faid A. O. do forth'vcith pay unto the faid A. I. the 
 fum of 30 s. the fame being tnble 'value of the faid nx:ood fo by him 
 bought as ajorefaid. Gi-ven under my hand and feal, at ■ 
 
 in the faid county, the day of in the year of 
 
 the reign of 
 
 F. Warrant of diftrefs for non-payment of the fame. 
 
 Weftmorland. C Here recite the order Then fay, 
 
 ( And nxhereas the faid A. O. hath not paid to 
 the faid A. I. the ajcrefaid fum of -^os. nor any fart thereof; Thife 
 
 are t her if ore to command you to levy the faid Jutn rf upon the 
 
 goods and chattels of the faid A. O. by diftrefs and f ale thereof y and 
 forth'with to pay the fame unto the faid A.I. Gi'ven Sec. 
 
 G. Commitment for deflroying trees j on the 
 I G. Ji. 2. c. 48. and 6 G. c. 16. 
 
 f To the conilable of and to the keeper of 
 
 Wellmorland. < the houfe of correction at in the faid 
 
 (_ county. 
 
 FORASMUCH as A.O. of in the county oforefaidy 
 yeoman, is this day duly ccnnjiSled before us - tfquireSy 
 
 fwo of his majefty''s juftices of the peace for the faid county, for that 
 
 he the faid A. O. on the day cf nciv laft pctft, at 
 
 • aforefaid, in the county aforefaid, did nvrongfuUy and mali- 
 
 (ioufly cut doivn tivo ajh trees [or as the cafe fliall be] the property of 
 A. I. of ■ yeoman, 'without the cofftnt of him the faid A. I. 
 
 the ovjner thereof, or of any other perfon chiefly intrufted txith the 
 care and cujicdy thereof ', We do therefore hereby command you the faid 
 con ft able to ccn'vey the faid A. O. to the faid houfe of cor region at 
 •• aforefaid, in the county aforefaid, and to deli-vcr him to the 
 
 keeper thereof togethtr ixiith this precept. Andnve do alfo hereby re- 
 quire vcu the faid keeper of the faid houfe of correSlion, to recei've him 
 the faid A. O. into your cuftody in the faid houfe of corrcaion, and 
 him there keep to hard labour, for the fpace of three months noiv 
 next enfuing, and until he fhall find fuff.cient fur dies for his good be- 
 baijiour for fwo years : And 10 e do Hkeivife hereby order you the faid 
 i((per of the faid houfe of corrcaion, puUidl^ tQ %vhip him the faid 
 
I 
 
©aoollen tnanttmcturt. 583 
 
 A. O. once in every month during the faid three months ^ in the 
 
 market toivn of 1 in the fuid county, on the market day 
 
 there, betn.veen the how s of eleven and tivo. And for fo doings 
 this fhall he your fuffcient luarrant. Given under our hands and 
 
 feals, at • in the faid county ^ the • day of in 
 
 the - ■ fear 
 
 CBOOl. See moCiWzW XiWMmm. 
 
 CHoolleu tnattiifacttire^ 
 
 Concerning difFereoces between clothiers and their ferv ants cr 
 workmen, lee title ^crDailtS. 
 
 1 have noihing to do under this title, but to reduce it into fome 
 kind of order, out of the tTorifufion of above -in hundred Itatutes ; 
 for, to the hoi.our either of the laws, or of the people, there 
 hath not occurred in ail the books, one adjudged cafe, throughout 
 this extenfive tule. In fruth, it is not tiie indullrious labourer, 
 but the idle and profligate, that doth create moil trouble in the 
 courts of lav. 
 
 After having firft premifed, that in almoft all the laws hereafter 
 fpecified under this tide, it is enadled, that if any perfon Ihall b« 
 fued for any thing done in putting them in execution, he may 
 plead the general iii'ue, and have treble cofts ; I fhall reduce thef« 
 liatutes for the encouragement of the woollen manufacture, under 
 the follovving heads : 
 
 /. IJJoall premife fome Jiatutes which are not general 
 enough to be treated of more at large. 
 
 II. Concerning the winding of wool by the feller. 
 
 III. Laws to prevent the exportation of wool from 
 Great Britain, and of wool and woollen cloth 
 from Ireland ; and therein alfo of fuller's earth. 
 
 IV. Concerning cards for manufaBuring of wool. 
 
 V. Concerning the deceitful working of woollen cloth. 
 
 VI. Concerning the fulling of cloth. 
 
 VII. Concerning the fe arching of cloth., and therein 
 of the length -f breadth, and weight thereof. 
 
 VIII. Concerning the dying of cloth. 
 
 IX. Concerning tenters, and the fir etching cf cloth. 
 
 X. Concerning the dr effing of cloth. 
 
 XL Concerning mixed or medley broad cloth in par- 
 ticular. 
 
 P p 4 XII Con- 
 
584 JUaooUca manufartitte.' 
 
 XII. Concerning the Yorkfhire manufa£iure in par- 
 ticular. 
 
 XIII. Concerning burying of the dead in woollen 
 
 cloth. 
 
 XIV. Jgainji importation of woollen cloth. 
 
 XF, Encouragement of the exportation of woollen 
 manufa^ures, 
 
 I. Statutes not general enough to he treated of more 
 at large. 
 
 7 Ed. 4. f. I. Worfted weavers in Norwich and Norfolk. 
 izH.j. c. I. Worfted, fays, and ftamins in iVor/^/^. 
 
 5 //. 8. c. 2. White flraits in Devon. 
 
 6 H. S. c. 8. Straits in Ds'von. 
 
 14 Cs" 15 //. 8. f. 3. Worfteds in Tarmouth and Linn. 
 €4 y 1 5 H. 8. f. 1 1. Vefes in Suffolk. 
 2^ H. 8. c. 18. Clothiers in Wortejierjhire. 
 ^■^ H. S. f. 3. Folding of cloths in North Wales. ^ 
 
 33 ff. 8. c. 16. Worfted yarn in Norfolk. 
 I Ed. 6. c. 6. Worfted yarn in Norfolk. 
 ^is'SEd.S. c. 24. Hats, dornecks, and coverlets in Nornuieh 
 and Norfolk. 
 
 1 iff 2 P.iff M. f. 14. Ruflels fattens, fattens reverfes, and 
 fuftians of Naples, in Nornuieh. 
 
 2 iff ^ P. i^ M. c. 13. An adl for the inhabitants of Hallifax 
 to buy wools. 
 
 I El. c. 14. Woollen cloths in divers towns in the county of 
 Efex. 
 
 8 El. c. 7. Drapers, cottoners, and fiizers of Shre^vfbury. 
 i^El. c. \2. Drapers, cottoners, and frizers of Shrrwjhury. 
 35 El. c. 10. De^jonfhrre kerfeys or dozens. 
 
 1 3 dff 14 C 2. f. 5. Staffs in Norfolk and Noriuich. 
 13 y 14 C. 2, c. 22. Bay making in the Dutch Bay-hall at 
 Colcheflcr. 
 
 zziff z^C. z. r, 8. Kidderminjler ftufFf. 
 1 Cf. J}. 2. f. 41. Bay making in Colcheflcr. 
 
 9 < '. c. g. An a£l for the better qualifying the manufaflurers of 
 fluffs :ir,d yarn in the city of Nornxiich, and liberties thereof, to 
 bear offices of magiftracy in the faid city, and for regulating elec- 
 tions of fuch ofHcers. 
 
 3 G. 2. c. 8. Regulating eleftions in Norixich. 
 
 II. Concerning the winding of wool by the feller. 
 
 1 . No man fliall make any inwinding within the fleece, at the 
 rolling up of his wool ; nor put in the iame, locks, pelt wool, tar. 
 Hones, fand, earth, grafs, nor any dirt ; and if he do, the party 
 grieved may bring his aftion at common law of trefpafs and deceit. 
 8//, 6.f. 22, 
 
 2, No 
 
 i 
 
d 
 
JHItDoUeti ntauufaditte. 585 
 
 2. No perfon (hall wind any fleece not fufficiently wafhed, ex- 
 cept in counties where they do not ufe to wafh {heep ; nor fhall 
 wind within any fleece, clay, lead, {tones, fand, tail?, deceitful 
 locks, cot, cals, comber, lamb's w ool, or any other thing where- 
 by the fleece may be the more weighty, to the deceit and lofs of 
 the buyer, (except where fleeces are fold by number, asd not by 
 weight ;) on pain that the feller fhall forteit 6d. z fleece, half to 
 the king, and half to him that fhall fue. 23 //. 8. c 17. 
 
 Ill, Laws to prevent the exportation of wool from 
 Great Britain, and of ivool and woollen cloth 
 from Ireland j and therein alfo of fuller's 
 earth. 
 
 I , To avoid frequent repetitions under this head, it niay be Several thingi 
 proper to premife (once for all) thefe things following: premifed. 
 
 (i) Notwithilanding the limitation of actions by the profecutor 
 in the following fections, to one year after the offence committed ; 
 yet by a general claufe 9 fff 10 /F. c. 40. The king may caufe 
 perfons guilty of exporting wool, woolfells, fuller's earth, or fcour- 
 ing clay, to be profccuted at any time in three years. / 9. 
 
 (2) That all actions, fuits, and informations upon any aft for 
 preventing exportation of wool, wool fells, wool flocks, mort- 
 lings, fhorlings, worfted, bay or woollen yarn, cruels, or wool 
 flightly manufaftured, or mattrafTes or beds fluffed with combed 
 wool, or wool fit for combing, fuller's earth, fulling clay, tobacco 
 pipe clay, or any other fcouring earth or clay, from Great Bri- 
 tain or Ireland; or for preventing the exportation from Ireland 
 into foreign parts, of cloth, ferges, bays, kerfeys, frizes, drug- 
 gets, fhalloons, fluffs, cloth ferges, or any other drapery made of 
 
 or mixed with wool, manufaftured in lrda7id, may be entred 
 
 and profecuted (except as is herein after otherwife exprefied) in any 
 court of record at Wffiminjier, or in the court of exchequer in 
 Scotland, or at the quarter feffions of the peace, or before any two 
 juflices out of fefljons in a fummary way, or in Irelatid by any law 
 relating to the revenue. And if the property be claimed by any 
 perfon, the proof fhall lie upon him, and not on the ofhcer or 
 (eizer. 12 G. 2. f. 21. / 18. 
 
 Which claufe hath enlarged this article very much ; by bring- 
 ing in all thofe ftatutes, v.ith which the juflices before had nothing 
 to do. 
 
 (3) And if the profecution is in any court of record at IFf/}- 
 minjhr, for any of thefe offences, in or before the flatute of the 
 \o ^ i\ JV. c. lo.'z capias fhall ilTue after the firll procefs, fpe- 
 cifying the fum of the penalty fued for ; and fuch perfon fhall give 
 good bail to the officer ferving the procefs, to appear to anfvver to 
 the profecution ; and at the time of appearance fViall give bail in 
 court, to pay the penalties if convicled, or yield his. body to pri- 
 fon. f. 20. 
 
 And if any perfon fhall be in prifon for want of bail, for ex- 
 portation of wool or wool fells (or for aiding or abetting the fame, 
 \zC.z. c. 2\. f. 27.) and ihall refule to appear or plead to a de- 
 claration 
 
586 oaooUeti mauttfactiitte. 
 
 daration or information to be delivered to him or to the gaoler, 
 by the fpace of one term, judgment fhall be entred againft him by 
 default; and if judgment be fo obtained againfl: him by oefault, 
 (or by verdid, or otherwife), and he pay not in three months the 
 fum recovered, the court fhall order him to be tranfportcd fwr 
 feven years. 4 G, c. i\. f. 6. 
 
 (4) And to prevent coUafive feizures, or fraudulent agreements 
 to evade the penalties, None but officers of the cuftorns, excifc, 
 or fait, except the officers of the guard fhips hereafter mentioned, 
 ihall enter informations of feizure of wool or vvooilen goods ; 
 which (hall be profecuted in their, or in the attorney general's 
 name, and not otherwife. izG. 2. c.zx.f. 14, 15. 
 
 And if fuch officer make any fuch collufive feizure, or fraudu- 
 lent agreement, he fhall forfeit 200 /. and be difqualitied for any 
 office in the revenue ; and the owner making fuch agreement with 
 him, fhall forfeit treble value ; to him who (liall fue in the courts 
 TXlVcJiminfter, Dublifi, or Edinburoh. id. f. 1 6. 
 
 But if any perfon concerned in fuch fraudulent feizure or agree- 
 ment, fhall firft (in three months) difcover his offence to the com- 
 miffioners of the cufloms, fo that one accomplice be convicted ; he 
 fhall be dlfcharged of the penalties, and fhall have the whole money 
 recovered on the convidlion (the charges firft deduced), f. 17. 
 
 And if any perfon fliall oppofe or hinder any the faid officers, 
 or their affiftants, in feizing any the goods before mentioned ; or 
 if any perfon armed, or difguifed, fhall attempt to refcae any the 
 faid goods feized ; he fhall be tranfported for fcven years. / 26. 
 
 And moreover, if any perfon ofler a bribe to any officer for 
 connivance ; he fhall forfeit 300 /. to him who fhall fue in any 
 court of record at WejiminJIer. / 25. 
 
 (5) On condemnation of any wool, or other goods abovemen- 
 tioned, the commiffioners of the cufloms refpedlively fhall caufe 
 them to be publickly fold to the beft bidder, where they fhall 
 think proper ; and out of the produce of fuch fale, fhall caufe 
 the charges of condemnation and fale to be paid, and the remainder 
 to fuch perfon who fhall feize, inform, or fue. 12 G. 2. c.z\. f. 20. 
 
 But if the officers fhall receive information from any perfon, 
 tvhereby any feizure is made, or any profecuJion efFeded ; fuch 
 informer fliall have half of what fhall be recovered. f.z\. 
 
 And if any perfon convifted in the penalty of 3/. a f"3und 
 (hereafter mentioned) be not able to pay ; the commilfioners may 
 caufe I s. a pound to be paid to the informer or profecutor, by 
 the receiver of the revenue, f. zz. 
 
 And for the profecutor's further encouragement, by the 19 G. 
 2. <:. 34, hereafter following. If on an information for feizure of 
 wool (during the continuance of the faid ad) a verdidt is found 
 for the claimer; yet if the judge fhall certify upon the record, 
 that there was propable caufe of feizure, the claimer fhall have no 
 cofls. / 16. 
 tTprr'inj; of ^ j^y ^j^g 13 ^ 14C. 2. c. 18. The exportation of wool 
 
 woo], iclony, ^^^^ ^^^^ j-^j^^^^ . ^^^ ^^^^ ^^^ repealed by the 7 £3" 8 W. c. %?,. 
 and the preamble to the repealing claufe fets forth, that by the 
 feverity of the penalty, the profecution of offenders had not 
 
 been 
 
*{ 
 
JMooUttt manttfatttirt. 587 
 
 been fo effea-aally put in execution. But it doth not appear, why 
 a reward for the informer or profccutor was not thought of at 
 that time. 
 
 3 By the 1 2 C. 2. f. 32. No perfon (hall export, nor pack or Pecuniary ani 
 ]oad upon any horfe, cart, or carriage, nor lay on board, with "nj J^Jfdtli'J 
 intent to export, any wool, wool fells, niortlings, (horlings, or 
 any yarn made of wool, or any wool flocks, or any fuller's earth, 
 or fulling cla> ; on pain of forfeiting the fame, and that every 
 offender iTiall forfeit moreover 3 s. for every pound weight thereof, 
 
 /• »> ^• 
 
 (By the 7 isf 8 TV. c 28. which, by the way, is a confufed 
 
 and )11 penned aft, another penalty is appointed, to wit, the for- 
 feiture of fiich goods, and treble value, with treble cofls ; fo that 
 it feemeth, the off nder may be profecuted either for the wool 
 and 3 J. a pound, or ior treble value with treble cofts.) 
 
 And the owner of the fhip, knowing the offence, Ihall forfeit 
 all his intereft in the fliip and furniture, 12 C. 2. c. 32. / 3. 
 7 ef 8 I'F. c. 28. /. 8. 
 
 And the mailer and maiiners, knowing the offence, and affift- 
 ing thereianto, fhall forfeit all their goods and chattels, and be 
 imprifoned three months, i 2 C 2. c. 32. f. 3. 
 
 And by the 6 G. c. 21. If the mafter, purfer, or other perfon 
 taking charge of the (hip fiiall fuffer any of the faid goods, or any 
 tobacco pipe clay, to be taken in from fliore, to be carried be- 
 yond fea, he fhall befides any foimer penalties, be imprifoned 
 fix months. / 32. 
 
 But if any mafter, mate, or mariner, fhall in fix months give 
 an account to the commiflioners of the cufloms, of fuch fhip, and 
 goods, and offenders, fo as any may be convicted ; he fhall be 
 indemnified, and ftiall have moreover three fourths of the penal- 
 ties recove-ed, clear of charges, and the king {hall have the other 
 fourth, charges deduf^ed. 12G. 2. c. z\. f. 23. 
 
 And any merchant, or other perfon, offending herein, fhall be 
 difabled to require any debt or account belonging to him from 
 any faftor or other. 12 C. 2, c. 32. / 4. 
 
 And the faid offences may be tried either in the county where 
 the goods were packed, loaden, or laid aboard, or where the 
 offender is apprehended. 1 2 C. 2. c 32. /. 1;. 
 
 And the fhip, if an alien, or perfon not inhabiting in England, 
 be the owner or part owner thereof, fliall be forfeited to the king. 
 12 C. 2. c. 32. / g. 
 
 And all perfons aiding or affifUng therein, being convicted in 
 one year, fhall fuffer three months imprifonment. 7^8 W. 
 c. 28. /. :o, 1 1. Provided, that the firfl three perfons, who have 
 been aiding or affifting (not being owners or part owners thereof) 
 who fhall inform any juftice of the peace of fuch offence, whereby 
 the penalties may be recovered, fhall not fuffer fuch penalty, f.ii. 
 
 And moreover, all fuch exportation fhall be deemed a publick 
 nufance. 13 y 14 C. 2. r. 18. y: 1 1. 
 
 4. And no coverlids, waddings, or other manufaftures, flightly Exportintr wwt 
 wrought, fo as they may be reduced to wool again ; or mattraffes (lightly wrougbt. 
 cr beds fluffed with combed wool, or wool fit for combing, fhall 
 
 be 
 
583 CKltooiictt manttfactttte." 
 
 be exported from Great Britain or Ireland; on the like pain as 
 for exporting wool. 12 G. 2. c. z\. f. (). 
 kr'''s°eanh [n^' 5" ^^^ vvhereas fuller's earth, or fulling clay, is exported under 
 the name of to- colour of tobacco pipe clay, therefore no tobacco pipe clay Ihall 
 bacco pile clay, be exported, on pain of 3/. a pound, i 3^ 14C. 2. c. 18. / 8. 
 Exporting ful- 6. Nor (hall any fuller's earth, or fcouring clay, be exported 
 
 Ill's earth into into Ireland ', on pain of i J. a pound, c) i^ \o W, c. 40. / 2. 
 Ireland. ^^ Nevertheless, wool may be exported from Southampton, to 
 
 f„*P°;;^e ''°°' y^'f'y' Guer.fy, Sark, and Mdnnry, for the fole ufe of the in- 
 Gucrnfey', &c. habitants there i io as the perfon Hiipping the fame deliver to the 
 cuftomer of the port, a writing under the feal of the governor 
 of the iiland, or his deputy, fetting forth that fuch perfon is au- 
 thorized to export thither fuch a quantity, and that he hath entred 
 into bond to land it there ; and io as it exceed not in one year 
 to Jerfey 4000 tods, Guernfcy 2000, Aldermy 400, and Sark 400 ; 
 every tod not exceeding 32 pounds. 12 C. 2. c. 32. /. 12, 13, 14. 
 I /F. <:. 32. / 14. 
 Packing of wool. g. And no wool, wool fells, mortlings, fhorlings, wool flocks, 
 worfted, bay or woollen yarn, Ihall be packed up in any box, 
 barrel, caik, cafe, cheft, or any other package, but only in packs 
 of leather or packcloth ; on which Ihall be marked on the outfide 
 the words WOOL or YARN, in large letters not lefs than 
 three inches long : on pain of forfeiting the fame, and the pack- 
 age, and 3 /. for every pound weight, to be paid by the owner or 
 packer. 12 G. 2. c. z\. f. 10. 
 To be carried ' 9" ^"^^ "" wool, wool fells, mortlings, fhorlings, woollen 
 only by day. y^m, wool flocks, fuller's earth, fulling clay, or tobacco pipe 
 clay, fliall be carried by land, but in the day timely only, namely, 
 from Mar. i . to Sep. 29. between four in the morning, and eight 
 at night; and from Sip. 2y. x.o Mar. i. between feven in the 
 mornmg, and five at night : on pain of forfeiting the fame or 
 the value. 13 {sf 14 C 2. c. 18. / g. 
 Carrying wool 10. Every owner of wool, who fliall carry, or caufe to be 
 
 tiom i>ort to carried any wool (wool fells, mortlings, fhorlings, yarn made of 
 neli' the coall" wool, wool flocks, fuller's earth, fulling clay, or tobacco pipe 
 clay, 5 G. c. II. / 14) to any port or place on the fea coaft, 
 with intention to convey the fame to any other port or place on 
 the coaft, from whence the fame miy be carried off to foreign 
 parts ; (hall firft caufe an entry thereof to be made at the port, 
 from whence it is intended to be conveyed, containing the weight, 
 mark, and number, before he carry the fame within iive miles of 
 fuch port : on pain of forfeiting the fame, and alfo the horfes, 
 carts, and other carriages ; and alfo of fuffering and forfeiting, 
 as by the other laws in force againft the exportation of wool. 
 I W. f. 32. /. 2. — But this (hall not hinder any perfon from car- 
 rying his wool home from the place of (liearing, tho' it be within 
 five miles of the fea ; provided that in ten days after fliearing, 
 and before he remove the wool, he do under his hand certify to 
 the ntxt officer of the callom?, the true number oi fleeces, and 
 where it is houfed; and do not remove the fame, without certi- 
 fying to fuch ofiicer, under his hand, his intention fo to do, three 
 days befuie. i IV. c 32. /. 3. 
 
 And 
 
 ( 
 
I 
 
 I 
 
20ooncn mamifactttre, 589 
 
 And no wool, wool fells, mortlings, fl^iorling?, wool flocks, 
 worfled, bay or woollen yarn, worfted yarn, cruels, or wool 
 (lightly manufaftured, fhall be put on board any vefi'el, to be car- 
 ried coaftwife, or from one port to another in Gnat Britain or 
 Ireland, without notice given to the officers of the port, and bond 
 given for the landing thereof, and a licence taken from fuch offi- 
 cers for fo doing ; on pain of forfeiting the fame, with the veflel 
 and furniture ; and the bond to be fued, if a certificate of landing 
 the goods is not brought in fix months, iz G. z. c iz. J. ii. 
 
 And to prevent collufive landing, none of the faid goods, car- 
 ried coaftwife, fhall be landed but in prefence of the officers, and 
 at the proper quays ; on pain of forfeiting the fame, or the value, 
 and 3 J. for every pound, to be paid by the owner, id. _/ 13. 
 
 And all cocquets for carrying wool from any port, ffiall be 
 written on paper, and not parchment (to prevent erafing), and 
 figned by three officers of the port ; and all certif.cates of landing 
 the fame again in any other port, fhclll be figned in like manner : 
 And all fuch wool, both at ffiipping and landing, fhall be weighed 
 in the prefence of the faid officers ; and the weight, marks, and 
 number of fuch wool fo lliipped and landed, fhall be exprefied 
 both in cocquet and certificate, i ^V. r. 32. /! 4. 
 
 And a regiller fhall be kept at the cuflom houfe, London, of eU 
 the wool fent from port to port in this kingdom, the weight, 
 number, fliip, mailer's name, owner's name, and to whom con- 
 figned; for the ufe of the commiffioners. i W. c. 32. y! it. 
 
 And officers not obferving the diredlions of this ad, Qiajl be 
 deemed abettors of the exportation, id. / 5. 
 
 /« Kent andSuJJ'cx : Every owner of wool, within 10 miles of 
 the fea, fhall give an account in writing, in three days after fhear- 
 ing, of his number of fleeces, and where lodged, to the next 
 officer of the cuftoms ; and the like notice, before he reinove any 
 part thereof, of the number of fleeces and weight, and the name 
 and abode of the perfon to whom it is difpofed, and the place 
 whither intended to be carried ; and fhall take a certificate from 
 the officer who firll entred the fame (paying 6d'. ) ; on pain of 
 forfeiting the wool, and alfo 3 s. for every pound thereof, as if 
 it had been adually exported, g i^ lo IV. c. 40. / 3. — And no 
 perfon '.vichin 1 5 miles of the fea, in the faid counties, fhall buy 
 any v.ool, before he enters into bond to the king, with fureties, 
 that ail the wool he fhall buy, fliall not be fold by him to any 
 perfon within 1 5 miles of the fea ; and if any v.ool be found 
 car.-ying towards the fea fide, in the faid counties, unlefs it be 
 firft entred. and fecurity given, it fhall be forfeited, and the of- 
 fender fhall alfo forfeit 3 j. a pound, id. /. 4. And no wool 
 
 removed from the place where it was firfl lodged after fh^aring, 
 within ten miles, fhall be lodged, after the firll removii.g, within 
 1 5 miles of the fea in the faid counties ; on pain of forfeiting all 
 fuch wool, if found; but if carried away, the owner Taall forfeit 
 
 3 J. a pound, id. f. 5. And every perfon that fhall lay any 
 
 wool witliin 1 5 miles of the fea, and not entred as aforefaid, aU 
 fuch wool fhall be feized and forfeited ; and every yeifon claim- 
 ing the fftme (upon fuch feizurc) fkall give uirery in the exche- 
 quer, 
 
590 tLtKooUeti mauuractute^ 
 
 quer, if he (liail be call upon trial, to pay treble cofts, over and 
 above the faid penalties, id. f 6. 
 
 And no wool, wool fell?, niortlirgj., fhorling?, woollen yarn, 
 wool flocks, fuller's earth, or ice. ring clay, fhall be loaden on 
 any horfe or carriage, or carried by land, within i 5 miies of the 
 coaft, but between fun iifing and fun fetting ; on pain of forfeiting 
 the fame, and the hcrfes and carriages, id. f. 8. 
 HrnJreJ to for- j j _ ^nd the hun.ired next adjoining to the fea coalb, out of or 
 fcit tfcbk value, ^^^y which the fame is carried or exported, fhall forfeit 20/. if 
 the wool lb carried out or exported ftia'l be under the value of 
 10/. but if of greater value, then treble the value thereof, with 
 treble cofts ; to be fued for within a year, 7 CS" 8 W. c. 28. 
 f. 8. 12. 
 
 The execution to be againft any two of the inhabitants ; and 
 the feffions Ihall make an aii'effment to reimburfe them, as in cafes 
 of robbery. /. 9. 
 
 And any perfon compounding with the hundred for lefs, fliall 
 be imprifoned five years, ai.d another perfon may profecute. /. i 3. 
 
 And the owner of the wool, or of any other the commodities 
 aforefaid, and every perfon aiding in carrying or exporting any 
 of them out of the kingdom, fl-iall anfwer fuch treble value to the 
 faid inhabitants, as alfo treble cofts ; to be recovered by them in 
 the name of the clerk of the peace, in any court of record at 
 Wtjimitijlcr. f. 10. 
 Riotoui expor- 12. By the ig G. 2. c. 34. which hath continuance for feven 
 tation. years, i^c. If any perfons armed, to the number of three or 
 
 more, (hall be affembled to affift in the illegal exportation of wool, 
 or in the carrying of wool in order to exportation, or in refcuing 
 the fame after feizure, or in refcuirg an offender herein, or pre- 
 venting his being apprehended, or fhail be aiding in any the pre- 
 miffes ; or if any perfon fhall have his face difguifed when pafling 
 with fuch wool, or fhall forcibly hinder or aflault any officer in 
 feizing the fame, or dangeroufly wound any fuch in attempting to 
 go on board any vefTel, or fhoot at or wound him when on board 
 in execution of his office, — he fhall be guilty of felony without 
 benefit of clergy. 
 
 And if information, fubfcribed, and on oath, be made hereof 
 before a juftice of the peace ; he fhall forthwith certify the fame 
 under hand and feal, and return the information to a fccretary of 
 ftate, who fhall lay the fame before the king in council ; and the 
 king thereon may make order, in two fucceffive gazettes, for the 
 offender to furrender in 40 days to fome juftice of the peace 
 (who fnall thereon commit him) : The fame order to be fent to 
 the fheriff; who fhall in 14 days after receipt, caufe it to be pro- 
 claimed, between the hours of 10 and 12, on the market days, 
 in two market towns near to the place where the offence was 
 committed, and a copy thereof to be affixed in fome publick place 
 in fuch market towns. And if he fliall not furrender, or efcape 
 after fur-ender, he fhall likewife be guilty of fdoiiy without bene- 
 fit of clergy 
 
 But if he fhall be taken before the time of furrender, he fhalj 
 have a lesfnl trial. 
 
 And 
 
\ 
 
WMllm matittfartare* 591 
 
 And if after the time of furrender, any perfon fliall knowing!/ 
 harbour him, he fhall, on profecution within a year, be guilty of 
 felony, and be tranfported for feven years. 
 
 And if any officer in feizing the wool, or endeavouring to 
 apprehend oifenders, be beaten or killed, or the wool feized be 
 rcfcued, the hundred fliall anfwer damages, as in cafes of rob- 
 bery, not exceeding 40 /. for any beating, nor 200 /, for lofs of 
 the wool ; and fhall pay 100/. to the executor or adminiftrator of 
 fuch perfon killed : Provided that notice of the offence be given to, 
 or left at the houfe of fome conftable near the place, as fpeedily 
 as conveniently may be, defcribing the offender, time, and place j 
 and aifo, in four days, to two inhabitants near; and in, eight 
 days, oath be made before a juftice, whether he knows the of- 
 fender, and if he does, entring into recognizance to profecute ; 
 and in 20 days, like notice be given in the gazette ; and 100/. 
 bond, with two fureties, be given before the fherifF, to the high 
 conflabk, to pay cofts, if call ; and provided, that an offender it 
 not convided in fix months ; and that the adion be commenced 
 within a year. 
 
 And if any perfon fhall be maimed or grievoufly wounded in 
 apprehending fuch offender, he fhall have moreover a further re- 
 wrard of 50/. to, he. paid by the commilTioners of the cufloms or 
 cxcife. 
 
 And the executors or adminiflrators of fuch perfon killed, fliall 
 have from them 1 00 /. over and above what is paid by the 
 hundred. 
 
 And if any perfon fhall take an offender advertifed, and not 
 furrendred, and bring him before a juftice of the king's bench, or 
 juflice of the peace for London or Middle/ex, (to be by them com- 
 njitted KoNt^gate), he fhall receive 500/. reward, from the faid 
 commifHoners. 
 
 And an offender, not outlav/ed, apprehending an outlawed ac- 
 complice, fhall have a pardon, and alfo the reward. 
 
 And an offendei*, not outlawed, convifting two accomplices not 
 outlawed, ihall have a pardon, and 50/. for each. 
 
 13. By the 26 G. 2. c.ii. It fhall be lawful for any perfon. Exporting woal 
 to export from any port in Ireland, any wool, or woollen or bay p"*: of Irela^* 
 yarn, wool fells, ftiortlings, mortlings, wool flocks, and worfted '" P^tic"!"" 
 ' yarn, to any port in Great Bn'taift. 
 
 But no perfon fliall export, or load, or fhip, with intent to 
 export, any wool, wool fells, fhortlings, mortlings, or any woollen 
 cloth or manufadlure, out of Ire/and, except it be into Oreat Bri- 
 tain ; on pain of forfeiting the fame, and the fhip, and alfo 500 /. 
 and the mafter, mariners, and others afGfting, 40 /. loi^ iiJf. 
 c. 10, / I, 2. 
 
 But the firtl three perfons, not being owners or part owners, who 
 have been aiding in exporting the fame, that fhall inform anyjaftice 
 of the peace, whereby the penalties may be recovered ; fhall be 
 freed from all penalties for the fame. 3 G. <-, 21 . yi 5. 
 
 And bond of double value of the goods fhall be given to the 
 officers of the cufloms, for every fliip exporting the fame, that 
 they fliall be landed in Great Britain. 10^ 11 fF. c. 10. /. $. 
 
 And 
 
592 tKttooileit tnanttfacfiire: 
 
 And no wool, or any of die faid goods, fhall be brought into 
 Great Britain from Ireland, but in (hips of the built of Great 
 Britain or Ireland; on pain of forfeiting the goods, or the value, 
 together with the fhip and furniture. \z G. 2. <:. zi. / 6. 
 
 And to prevent collufive landing, none of the faid goods im- 
 ported from Ireland, fhall be landed but in prefence of the officers, 
 and at the proper quays ; on pain of forfeiting the fame, or the 
 value, and 3 s. for every pound, to be paid by the owner, id. 
 
 /i3- 
 
 And the commiflioners of the caftoms in Ireland, fhall every fix 
 months tranfniit to the commiflioners of the cuftoms in England, 
 an account of wool exported, from whence, the quantity and 
 yveight, by whom, in what fhip, where conl'igned, names of the 
 perfons in England figning certificates of landing the fame, with 
 the dates of fuch certificates, and where lar^ded, and the quantity 
 and weight contained in the certificates : Which certificates fhall 
 not be obliterated or interlined, and (hall be written on paper and 
 not parchment. 7 iff 8 //''. f. 28. / 6, 7. 
 
 And a regifter fhall be kept at the cuftom houfe, London, of all 
 the wool imported from Ireland, the weight, number, fhip, mafter'a 
 name, owner's name, and to whom configned ; for the ufe of the 
 commifTioners. i ir. c. 32./ u. 
 Guard fhipj. 14. The commifTioners of the admiralty fhall appoint 2 fifth 
 
 rate fhips, 2 fixth rates, and 8 armed floops, conftantly to cruife 
 on the coafts, particularly between the north of Ireland and Scot- 
 land, with orders to feize all fhips exporting wool to foreign parts. 
 And all wool, and veffels fo feized fhall be forfeited, and the wool 
 lodged in the king's warehoufe till condemned ; and then the fame 
 after 21 days (together with the vefTels fo condemned) fhall be 
 fold by inch of candle, notice being firfl given at the cuftom houfe 
 of the port where lodged, and on the Royal Exchange at London ; 
 one fourth of the produce to the commander, one fourth to the 
 ofHcers, one fourth to the mariners, and one fourth to the king, 
 (charges of profecution and condemnation being firft paid out of 
 the king's part.) And the commander neglecting his duty herein, 
 fhall forfeit his wages, and office, and be imprifoned fix months, 
 10^ II PF. c. 10. / 16, 17, 18. 
 
 And they fhall alfo appoint 3 fixth rate fhips, and 8 or more 
 armed floops, to cruife on the Britijh and Iri_fi> coafts, with orders 
 for feizing all (hips wherein any woollen manufactures are exported 
 from Irelund; which (hips and goods (hall be forfeited, one fourth 
 to the commander, one fourth to the officers, one fourth to the 
 mariners, and one fourth to the king, the charges being firft paid 
 out of the king's part. But if the f'eizure was at the information 
 of any perfon, fuch informer fhall have a fifth part, and the 
 refidue be dillribated as above. 5 G. 2. c. 21. /. i, 2, 3. 
 ■pxportine wool 1 5. No vvool, or woollen manufactures, fhall be exported fron» 
 cT vvoojien ma- any of the Ameri'un colonies, on the like pain as from Ireland. 
 
 A^'Scr' *'""" '° ^ • > ^" '■ lo- ./■ 19- 
 
 , ,\ * , .16. Perfons infurine wool, ?nd other the faid eoods, to be 
 
 Infunng wool to , , , . ^ . ° , , ,. , . ° , 
 
 be landed n\ to- '^•".ded :n foreign parts, and aiio perfons agreeing to pay the money 
 
 legn parts. iov fuch infuring, fhall forfeu 5C0 /. to him who fhall fue in any 
 
 cour; 
 
i 
 
esiooUen manufartiire. 593 
 
 coort of record at Weflminjler, in the name of an officer of the 
 cuftoms, excife, or fait, or of the attorney general. \i G. 2. 
 c. 21. / 29, 30, 32. 
 
 And the infurer informing fliall be difcharged of his own pe- 
 nalty ; and fhall have the forfeiture of the other party ; and (hall 
 alfo keep the infurance money paid to him : And the infured 
 informing /hall receive back his infurance money if paid ; and if 
 not paia, ihall be indemnified from paying it ; and Ihall be dif- 
 charged of his own penahy ; and fnaii have the foifciture cf tnc 
 other party. 7V. /. $l. 
 
 And all infurances of wool, and woollen goods, and other the 
 goods before mentioned, ftiail be void. id. /. 33. 
 
 If^, Concerning cards for the mmufa^furvig of wool. 
 
 No foreign wool cards, or card wyre, fhall be imported, or 
 ufed ; nor fhall any wyre be taken out of old cards, and put into 
 new leather and boards, nor any cards made thereof be put to 
 fale ; on pain of forfeiting the fame, or the value thereof if the 
 fame be not feized, half co the king, and half to him that fhall 
 feize or fue for the fame in any court of record at Pi'ejimvjicr, or 
 within the county, city, or town corporate, where the offence 
 fhall be committed. 13^3' 14C. 2. c. ig. 
 
 V. Concerning the deceitful working of woollen cloth. 
 
 1. No perfon Hiall put any hair, flocks, thrums, or yarn o{ 
 lamb's wool, or other deceivable thing in any woollen cloth, on 
 pain of forfeiting the fame ; and the perfon procuring fuch deceit- 
 ful thing for that purpofe, Ihall likewife forfeit the lame ; half to 
 the finder, and half to tiie poor. 43 £/. c. 10./. 2, 12. 
 
 2. But in the cafe oi broad cloath, by the z\J. r. 18. the 
 abovefaid penalty is mitigated; which enacteth, that no peifon 
 ihall put any flocks, noiles, thrums, hair, or other deceivable 
 thing, in any broad cloth; on pain of 5/. (and no greater penalty) 
 to the poor. f. 3. 
 
 And for the better difcovery thereof, two jufllces, on informa- 
 tion of any one of his knowledge or fufpicion of fuch offence, may 
 grant their warrant to call before them any perlon that (hall in their 
 difcretions be thouj^ht fit to difcover any fuch offence, and exaniine 
 them on oath ; and if it be found, by two wjcnelTes, or confel- 
 fion, they fliall certify the fame under their hands and feals to the 
 churchwardens and overfeers ; who fhafl upon fuch certificate, 
 and by warrant of fuch juftice^, levy the penalty by dilcrefs: in 
 default of diftrefs, to be committed to gaol till paid. / 4, 5. 
 
 And the fearchers fliil! fee upon the lame the word [fauhC^ i 
 and no perfon fliall fearch the fame again, on pain of 5 /. to the 
 party grieved, who ihall fue for the fame by bill, plaint, or in- 
 formation, at the fcflions. 21 /. f. 18. / 7. 
 
 3. No clothier ihall ufe, or caufe to be ufed, any ends of 
 yarn, weft-, or other refufe of cloths, druggets, or other woollen 
 goods, or goods mixtd with wool {flocks and pinions or.ly cx- 
 
 Vo L. li, Q^q ceptedi 
 
594- caiooutn maniifartttre. 
 
 cepted), by working the fame up again into any fort of goods; 
 on' pain of 5 /. on conviAion before two juftices on information 00 
 oath, in three months after the offence ; to be levied by diftrefs ; 
 half to the informer, and half to the poor : for want of diftrefs, 
 to be committed to gaol not exceeding three months, or until 
 fatisfadion be made. But perfons aggrieved may appeal to the 
 next feflions, giving fix days notice in writing ; who may order 
 coib and damages, and levy the fame by diftrefs, by their order 
 or warrant ; for want of diftrefs, may commit the party to gaol, 
 or to the houfe of corre6lion not exceeding three kalendar months, 
 or until fatisfaftion fhall be made. And no certiorari ihall lie 
 on this adl. 13 G. r, 23. / 3, 4, 6. 
 
 And if any perfon ftiali be found collefting, buying, or carry- 
 ing, in any bag or other convenience, any fuch ends of yarn, 
 wefts, thrums, ftiort yarn, or other refufe of cloth, drugget, or 
 ether woollen goods, or goods mixed with wool (flocks and pi- 
 nions only excepted) ; the conftable may, by warrant of one ja- 
 ilice, fearch fuch perfon, bag, or convenience, and if any the 
 fame be found, he ftiall carry the offender before ajuftice of ths 
 peace, and on convittion before him, by confeflion, or oath of 
 one witnefs, he fhall be deemed an incorrigible rogue, and liable 
 CO be puniftied as fuch. 1 3 G. c. 23. f.Z. 17 G. 2. c, 5. /. 4. 
 
 VL Concerning the fulling of cloth. 
 
 Every fuller, in his craft and occupation of fulling, rowing, or 
 tayfeling of cloth, fhall ufe tayfels, and no cards, deceitfully im- 
 pairing the faid cloth, on pain to yield to the party grieved hi$ 
 double damage : And every jaftice of the peace, mayor, mafter, 
 warden, bailiff, portreve, conftable of hundred, and fteward of 
 leet in their relpetlive liberties, may hear and determine the fame, 
 and commit the offender to the next gaol till payment. And alfo 
 any perfon not grieved may make information to any fuch juftice, 
 mayor, mafter, warden, bailiff, portreve, or fteward; in which 
 cafe the offender fhall forfeit to the king, or to fuch perfon as fhall 
 be intitled to fines or amercements within their jurifdiflion, 31. ^d. 
 and they may make procefs againft the party in like manner as 
 juftices of the peace may do for lureties of the peace, without any 
 fee to be taken for the execution of their offices in this behalf. 
 4 Ed. 4. f . I . / 6. 
 
 And no cloth, not fulled, fhall be exported ; on pain of for- 
 feiting the fame, half to the king, and half to liim that will fue. 
 7 Ed. 4. c. 3. 
 
 The laws for preventing the exportation of fuller's earth, have 
 been treated of under the article concerning the exportation of wool. 
 
 VIL Concerning the fear ching cf clothe and therein of 
 the length.^ breadth^ and weight thereof. 
 
 Ywd and inch, i. For the meafuring of cloth, the ftatutes do generally pro- 
 vide, that the yard fhall confift of a ftandard yard, and the breadtli 
 of a man's thumb befides ; or 37 inches in the whole. 
 { t 2. 1st 
 
 i 
 
I 
 
 ► 
 
oaoouen waniifactttre. 595 
 
 4. In every parifh and hamlet where deaths are made, two ju- Ovcrfters of 
 Hices (and in corporations, the mayor, together with one juftiCe '^''"*' 
 •of the fhire next adjoining) (hall once a year, or oftner, call be- 
 fore them, by precept or otherwife, 2, 4, 6, 8, or more, of th« 
 moft honeft, diicreet, and able men of fuch place, and appoint 
 them overfeers for a year, or fix months, or (horter time j anii 
 Jhall take them fworn, and bound in recognizance of 40 /. each, 
 to do their bed endeavour by all lawful ways and means to fee 
 the ftatutes obferved relating to the regulation of cloth. 3 t?" 4 
 Ed, 6. c. 2. / 9. 3-9 El. c. 20. / 4. 43 El. c. 10. /. 7. 
 
 And any perfon, without reafonable excufe, refufing to be 
 overfcer, fhall forfeit 5 /. half to the king, and half to fuch ju- 
 ftices; and to remain in ward of the fheriff, till paid or fecured. 
 39 El. c. 20. /. 5. 
 
 3. And the faid overfeers, or two of them, fhall once a month Ovetfeeis t« 
 at leaft, or io often as need fhall require, go into the houfes and ^^^^'^^^ 
 rooms where the cloth fhall be, and fearch, and try the fame, by 
 
 water, weight, or any other way. 39 El. c. 20. / 4. 
 
 And if any fliall withhold cloth, or deny fearch ; he fhall, on 
 conviflion thereof at the feflions, forfeit for the firft offence 10 /. 
 for the fecond zo/. for the third, being convifled by verdict and 
 two witnefTes, he fhall ftand upon the pillory in the next market 
 town. 39 El. c. 20. /. 5. 
 
 Which faid forfeitures fhall be, one third to the overfeers, one 
 third to the king, and one third to the poor, as the feffions fliali 
 appoint, id. f. 9. 
 
 4. And by the 4 J. c. 2. (which is a judicious a£l, as are many Length, fcreadth, 
 in that king's reign) the feveral forts of cloth fhall be in length and weight of 
 and breadth at the water, when thoroughly wet, and in weight tloth, 
 
 when fcolired> thicked, milled, and fully dried, as followeth : 
 
 Yards Quarters Pounds 
 long broad weight 
 
 Long coloured broad cloth 30 to 34 6 i —'— 86 
 
 Long Worcejler JO tO 33 7 78- 
 
 Long plunkets, azures, blues, and 
 
 long whites — 29 to 32 6 | 80 
 
 Sorting cloths with a blue felvedge 23 to 26 6 64 
 
 Fine fhort Sufoiks . 23 to 26 6 4 64 
 
 Handiwarps 29 to 32 — - 7 76 
 
 Broad pkmkets, azures, blues, and v 
 
 other broad coloured 26 to 28 6 \ -^—^ 68 
 
 Coloured fhort ■ • 23 to 25 6 | 66 
 
 Kaif pieced of the fame, called dozens, in proportion. 
 
 Broad lifted whites and reds .26 to 28 6 i - — 64- 
 
 Narrow lifted whites • 26 to 28 6 | 61 
 
 Narrow lilted reds ■ • • 26 to 28 6 I >6o- 
 
 Fine cloth with plain lifts — - — — 29 to 32 — — 6 i 72 
 
 Cloths having ftopt lifts ■ 30 to 33 7 78 
 
 Broads called Taiwtcns, Bridgcnva- 
 
 terSy and Dunfisrs • 1 2 to I 3 ■ 7 • 30 ' . 
 
 Narrow, ditto >_— _ 24 to 2^ 4 — ^ — 30 
 
 Half doth in proportion. . o; 
 
59^ 
 
 SSIoollett luanitfattttte. 
 
 Maker's feal. 
 
 Ov«rfeer's Teal. 
 
 Cloth fold un- 
 fealed. 
 
 Cloths deficient 
 in length, 
 breadth, or 
 weight. 
 
 Diltr'ibution of 
 forfeitures. 
 
 De-vonjhire kcrfey*, called dozens — 
 Check kerfeys, (Iraights, and plain 
 
 greys -— - 
 
 Ordinary peniftones, or foreft whites 
 
 Sorting peniftones — 
 
 Kerfeys called wafliers, or wafh 
 
 whites, half thicked ■ 
 
 Yards Quarters 
 long broad 
 1 2 to 13 
 
 1 7 to 1 8 4 
 
 1 2 to 13 —— 5 
 
 1 3 to 1 4 6 
 
 1 7 to 1 8 
 
 18 to 19 
 
 Pounds 
 weight 
 
 - 13 
 
 -24 
 
 - 28 
 
 — 35 
 
 17 
 
 17 
 
 The fame quarter thicked — 
 
 Allowance in weight, for dying, drefTmg, rowing, and fhear- 
 ing, ihall be made, in broad cloth four pounds, long cloth five 
 pounds, and fo in proportion. 4 y . c. 2. f. 13. 
 
 And no liquid fiiall be ufed for increafe of weight, on pain of 40;. 
 half to the king, and half to the buyer that fhall fue. id./. 12. 
 
 5. And the maker, before fale, fhall fet his feal of lead to the 
 fame, containing the length, and weight, to be tried by the water. 
 39 El. c. 20. /. 3. 
 
 6. And the overfeer Ihall fix a feal of lead to the cloth, con- 
 taining the length and weight, v/ith this word [fearched]. 39 El. 
 c. zo. f. 6. 
 
 And he {hall, on the penalty of his recognizance, fet his chri- 
 ftian and furname upon his feal; and no feal otherwife fliall be 
 good. 21 y. c. 18. / II, 
 
 And cloth, fealed by the overfeers, fhall not be again tried but 
 by the buyer. ^J.c.z.f.zz. 
 
 And if they ihall find ^ny falfe feal or mark, or the cloths to 
 be ftretched, they fhall prefent the defaults at the next feflions. 
 39 El. c. 20. / 5. 
 
 And \^ any perfon fhall fet any feal to cloth, or take any feal 
 away without warrant ; he Ihall, on conviflion thereof at fuch 
 fefTions, for the firft offence forfeit 10/. for the fecond 20 /. and 
 the pillory : The faid forfeitures to be one third to the overfeers, 
 one third to the king, and one third to the poor, as the felfions 
 fhall appoint. 39 El. c. 20. f. 9. 
 
 7. And if any cloth be oflered to be fold unfealed, the over- 
 feers fhall feize it, and prefent the fame to the jultices at the ne.\t 
 fefhons. 39 El. c. 20. / 4. 
 
 8. And for every of the faid cloths abovenamed, which fhall 
 be of lefs length than tlie feal doth import, fhall be forfeited 
 6 s. %d. a yard, befides abatement of the price for what is want-: 
 ing. 4 y. c. 2. / 20. 
 
 For every yard of the faid cloths fold, above the length, fhaU 
 be forfeited 10 s. id. /.\j. 
 
 For the fame wanting breadth throughout, fhall be forfeited 20;. 
 wanting for half the length lO/. under half 5 s. id. f. 19. 
 
 And for every pound wanting above two pounds in weight, fhall 
 be forfeited \os. id. f. \%. 
 
 9. And by the zxj. c.iS. /.12. All penalties and forfeitures 
 whatfoever, for want of length, breadth, and weight, by this or 
 any former aft, fhall be diftributed into three equal parts ; one 
 third to the overfeers and fearchers finding and certifying the de- 
 fault. 
 
itHooUeit matittfartiire. 597 
 
 fault, to be recovered by them in feffions, by aftion of debt, bill, 
 plaint, or information, and two thirds to the poor, by dillrefs. 
 
 I©. Meafure and weight of cloths by fornier ads, not altered '^"furc and 
 
 , , .-r ri.ru Weight of othtr 
 
 by the 4 /. c. z. leem to be as follows: cloths. 
 
 By the 3 y. c. 16. Ordinary kerfey fliall not exceed 24 yards 
 in length, and fhall weigh one pound and three ounces a yard : 
 Sorting kerfey fhall not exceed 24 yards in length, and Ihall weigh 
 one pound three ounces and a half a yard: On pain of 5 s. for 
 every yard above, and 2 s. for every pound wanting (to be levied . 
 and diflributed in like manner.) 
 
 By the ^ J. c. ly. No penalty fhall be, for want of a feal on 
 JVf//& cottons ; and they fliall not be fearched or tried but by the 
 buyer. 
 
 By the 8 £/. c. 12. Frizes and rugs Ihall be from 35 to 37 
 yards long, three quarters of a yard within a nail broad, and 44 
 pounds weight: (On pain of zos. for offending in length or 
 breadth, by 5 b' 6 EJ. 6. c. 6. / 25. And for every pound 
 wanting, above four pounds, 5 i. by 4 ^ 5 P. ^ M. f. 5. / 1 5) 
 
 IVIoreover, by the j J. c. \ 6. Cogware, Kendals, coarfe cot- 
 tons, and Carptmeals, made in Cumberland, IVfjlmorland, or in 
 CarptmeaU, Ha'vjkejhed, and Broughton in Lancajhhe, whereof the 
 dozen fhall not exceed the price of 13^. 4 d. (hall not be fearched 
 nor fealed, but may be made in fuch fort as may beft pleafe the 
 buyer. 
 
 Vlll. Concerning the dying of cloth, 
 
 1. For the encouragement of drefiing and dying of cloth, no 
 perfon (hall export any white woollen broad cloth, until he have 
 paid duty of 5 j. for every fuch cloth ; on pain of forfeiting the 
 fame, or the value thereof, half to the king, and half to him that 
 fhall feize, inform, or fue. 6 An. c. 8. 
 
 2. No wool fhall be boiled with gauls, bark of trees, or faw 
 duft, to be converted into broad cloth or kerfey ; on pain of for- 
 feiting the fame, or the value thereof, half to the king, and half 
 to him that (hall fue. 5 b" 6 Ed. 6. c. 6. /. 52. 
 
 3. No perfon (hall dye any wool to be converted into cloth, 
 called ruffets, mufters, marbles, greys, roys, and fuch like co- 
 lours, or into hats or caps ; unlefs it be perfectly woaded, boiled, 
 and maddered : on pain of 40 s. for fo much thereof as will ferve 
 for the making of every fuch cloth ; half to the king, and half 
 to the overfeer who (hall difcover and fue in any court of record, 
 or before the juftices of peace. And if the overfeer will not fue 
 in half a year, then the faid moiety to any other perfon who will 
 fue in another half year. 3^4 Ed. o. c. 2. /. 5, 10, 1 1. 
 
 4. No perfon fhall dye with brafel, to make a falfe colour in 
 cloth or wool, hats, or caps ; on pain of 20 s. in like manner. 
 ^ tf 4.Ed. 6. c. 2. / 5. 
 
 5. No perfon (hall dye any woollen cloths, as browns, blues, 
 pewks, tawnies, or violets j except the fame be perfectly boiled, 
 greined, or maddered upon the woad, and (hot with good cork or 
 oichal i on pain of 20 ;. in like manner, 1 15' \ Ed. t> . c. 2. J. 4. 
 
 Q^q 3 6- Sy 
 
595 ©aooUeti manttfattttre. 
 
 6. By the 13 G. c. 24. If any perfon fhall dye any bays, o? 
 other woollen goods, for mather blacks, and not being dyed 
 throughout with woad, indico, and mather only ; he fhall (being 
 convided thereof in 40 days) forfeit for every long Booking bays 
 containing 70 yards, 44 j. Cohhejler or fhort bays of 35 yards 
 22 s. and fo in proportion. If the penalty is above 5 /. it fhall 
 be recovered in the courts at M'eJiminJIer ^ if under 5 /. before twa 
 juflices (not interefled) by oath of one witnefs, half to the in- 
 former, and half to the company of dyers, if in London ; if out 
 of London, the whole to the informer and profecutor. And if the 
 penalties under 5 /. are not paid in 20 days after conviction, then 
 to be levied by the conflable by warrant of fuch juflices by diftrefs ; 
 for want of diftrefs, to be committed to the houfe of correftion, 
 to be kept to hard labour not exceeding three months. But per- 
 fons aggrieved by the juflices may appeal to the next fefljons, who 
 may allow cofls. And the faid mathered blacks fhall be marked 
 with a red rofe and a blue rofe ; and if any perfon counterfeit the 
 iame, he fhall forfeit 4 /. in like manner. 
 
 And if any perfon fhall dye for ivoaded black any woollen 
 goods, the fame not being woaded, he fhall forfeit in like manner 
 for every cloth of 44 yards 40 s. bays of 70 yards 30 s. Colckejier 
 or fhort hays of 35 yards 12 j. perpetuana or fluff \s. and fo in 
 proportion. And the faid woaded blacks fhall be marked with a 
 blue rofe only ; And if any perfon fhall counterfeit the fame, he 
 ihall forfeit \L'vc^ like manner. 
 
 And if any perfon fhall ufe logv/ood in dying blue, he fhall 
 forfeit in like manner for cloth of 44 yards 40 j. Backing bays of 
 70 yards 22/. Cokhefier or fhort bays of 3 5 yards 1 2 j. perpetuana 
 or fluff of 24 yards 4 s. and for other woollen goods in proportion. 
 
 And the dyers within London fhall be fubjeft to the infpeftion 
 of the company; — out of the limits thereof, the quarter feffions 
 may appoint fearchersj who may (with the conilable's affiflance) 
 fearch in the day time ; and perfons refufmg fuch fearch fhall for- 
 feit 10/. in like manner. 
 
 Tenter. 
 
 Stretching. 
 
 
 IX. Concerning tenters^ and the ]ir etching of cloth. 
 
 1 . No perfon fhall have or ufe any tenter, with a lower bar^ 
 pin, ring, or other engine or device ; any wrinch, ring head^ 
 growm, rope, or other engine, to flretch any rough and un- 
 wrought woollen cloth: on pain of 20/. half to the king, and 
 half to him that fliall fue. 43 EL c. \o. f. 2. 
 
 2. Ko perfon fhall flretch (or fell the fame flretched) any 
 wrought woollen broad cloth above one yard in lehgth, and half a 
 quarter in breadth j or half cloth above half a yard in length, 
 and half a quarter in breadth j or kerfey, cotton, dozen, peni- 
 flone, frize, r'JgJ, above half a yard in length, and one nail in 
 breadth j on pain of forfeiting the iaroe, half to the overfeer or 
 informer, and half to the poor. 43 EL c. 10. f. i, 12. 
 
 ■ ' 3. If any perfon fhall felonioufly cut and take, fleal, or carry 
 awgy, any cloth or ether woollen manufa^ure from the rack or 
 tenter in "the night time, be fhall be guilty of felony wichoat benefrt 
 of clergy. 22 C. 2. f. 5- / 3. ' £"' 
 
WiooUm maniifattttte. 599 
 
 But becaufe it is often difficult to prove the owner's property in 
 the clotli, therefore by the 15 G. 2. c. 27. it is enafted, that if 
 any cloth or woollen goods on the tenters, or woollen yarn or 
 wool left out to dry, fhall be ftolen in the night, any juftice on 
 complaint made in ten days by the owner, may iffue his warrant 
 to any peace officer, in the day time to enter into, and fearch the 
 houfes, outhoufes, yards, gardens, or other places belonging ta 
 the houfes of every perfon whom fuch owner (hall upon his oath 
 declare to fuch juftice he fufpects to have ftolen, taken away, or 
 received the fame ; and if the officer fhall find any fuch goods 
 which from the oath of fuch perfon he fhall have rcafon to f > fpeft 
 to be ftolen, he fhall apprehend the perfon in whofe cuftody or 
 pofTeflJon the fame Ihall be found, and carry him before a juftice; 
 and if lie fhall not give a fatisfaclory account how he came by the 
 fame, or in a convenient time to be fet by the juftice produce th« 
 party of whom he had the fame, or a credible witnefs to depofe 
 on oath his property therein, he fhall be convicted of ftealing fuch 
 goods ; and fhall for the firft offence forfeit to the owner treble va- 
 lue, and in default of payment thereof in the time appointed by 
 fuch juftice, he fhall iffue his warrant to levy the fame by diflrefs 
 and fale ; and in default of diflrefs, fhall commit him to the common 
 gaol where he fhall be apprehended, for three months, or till paid ; 
 for the fecond offence, treble value, and fix months imprifonment ; 
 for the third offence, fuch juftice fhall commit him to the affixes, 
 and if he fhall be there convided in like manner, he fhall be guilty 
 of felony, and tranfported for feven years. But perfons aggrieved 
 (except on the third conviflion) may appeal to the next general 
 quarter feffions, whofe order therein fhall be final. But neverthelefs, 
 this fhall not alter any former law in force, for ftealing or receiving 
 fuch doth, or goods, except where the proof is laid on the offender. 
 
 X. Concerning the drejfing of cloth. 
 
 1 . No woollen cloth ftiall be exported, till it be barbed, rowed, 
 and Ihorn ; on pain of forfeiting the fame, half to the king, and 
 talf to him that will fue. 3 H. 7. c. 11. 
 
 2. No perfon fhall ufe iion cards, or pickards, in rowing of 
 cloth ; on pain of forfeiting the cards, and 20 s. half to the king, 
 and half to the overfeer who fhall difcover and fue in any court 
 of record, or before the juftices of the peace. And if the over- 
 feer will not fue in half a year, then the faid moiety to any other 
 perfon who will fue in another half year. 3^4 Ed. 6. c. 2. 
 
 / 7. 10. 'I- 
 
 3. No perfon fliall put any flocks, chalk, flour, or ftarch, or 
 other deceivable thing on cloth i on pain of 40 /. in like manner. 
 ^^ ^Ed.e. c. 2./ 6. 
 
 4. There fhall be no rowing or raifing of cloth, with oil, greafe, 
 or any liquid, but only on the edge of the fhears with femet or 
 oils ; on pain of I 3/. 4^. half to the king, and half to the buyer 
 that fhall fue. ^J. c. 2. f. 10. 
 
 5. There ftiall be no cutting of wool frortJ the backfides of cloth, 
 but with ihears only ; on like pain of 13 ;. 4^. 4 y. c. z. /■ li- 
 
 Q^q 4 6. Na 
 
6oo 
 
 mealure. 
 
 And Teal. 
 
 WSlaollm mamifartttte. 
 
 6. No liquid fhall be ufed on the fide of cloth, to make it look 
 letter than the midfl: ; on like pain of 1 3 /. 4 a'. /\.y. c. 2./.1 2. 
 
 7. The fides fhall not be raifed, fulled, rowed, or fhorn, better 
 than the middle ; on like pain of 13 j. 4 a'. 4^. c. 2. /, 10. 
 
 8. No perfcn fhall prefs cloth with a hot prefs; on pain of for- 
 feiting the fame, or the value, half to the king, and half to him 
 that (liall fue. 1; & 6 Ed. 6. c. 6. /. 52. 
 
 9. And prefiing of cloth with hot boards fhall be punifhed with 
 like forfeiture, as preffing it with a hot prefs. zi J. c. 18. /. li. 
 
 XL Concerning mixed or medley broad cloth in par- 
 ticular. 
 
 Mixpd or medley It is provided by the 10 Jk. c. 16. and i G. f. 2. c 15. that 
 broad cloth. nothing therein fhal! extend to any cloth made in 7orkfi>ire ; By 
 
 which a£ts it is alfo further provided as follows : 
 Fulling miller to The fulling miller fli=ill take an oath before a juftice dwelling 
 near fjch mill, that he will well and truly perform the meafuring 
 all mixed or medley broad cloth fulled at his mill. 
 
 In order to which, he Hiall have a table 12 foot long, and three 
 foot broad, whereon the cloih fhall be doubled and laid plain, 
 with the length of a yard marked thereon ; on which he fhall 
 meafure the fame, when fulled and wet ; and fhall fix and rivet at 
 the head end thereof, a feal of lead (to be furnifhed by the clo- 
 thier), which fliall be maiked with a crown on the rivet : on 
 which feal he fliall ftamp his name, and the length and breadth of 
 the cloth ; for which he fhall have one penny. 
 
 He fhall alfo enter in a book, the marks, fort, number, length, 
 and breadth thereof. 
 
 And if he fhall refufe to take fuch oath, or to fix fuch feal, or 
 to make fuch entry ; he fhall, on conviction in 40 days, before 
 one juftice not interefled, on oath of witnefs, forfeit 20 L to the 
 poor of the parifh or place, charges of conviftion firft deduded. 
 if not paid in 30 days after convidlion, to be levied by diflrefs. 
 For want of diltrefs, to be committed to gaol or houfe of correc- 
 tion, to be kept to hard labour for three kalendar months. Perfons 
 aggrieved may appeal to the next fefTions, who may allow cofls. 
 
 Arid if any perfon fliall t^ke off, deface, counterfeit, or alter, 
 fuch feal, or add any other ; he fhall, in like manner, forfeit 20 1. 
 
 And no perfon ihall expofe to file any mixed or medley broad 
 clot:h, before it be fo fealed ; on pain of forfeiting one fixth part 
 of the cloth, to the poor, in like manner : or, if ic is in Lo):di.n, 
 to the benefit of On :ji\ hofpital. 
 
 If the buyer is not fuisfied with the meafure, he may have it 
 mc-f ired again in the water, in eight days after delivery, giving 
 two days notice to the feller or his faiSlor : In which cafe, each 
 party fliall chufe a meafurer; and if thofe two difagree, they may 
 cbufe a third: and if he fhall refufe, it lhall be meafured, if in 
 Lornhn, by the keeper of BlachiL'dl-h.^ll, v. bo (hall be fwom be- 
 fore a juitice to meafure it truly ; if not in LonJov, then if the 
 two mcafiircri difagree, or appoint not a thiid perfon, the chi^ 
 jna^iftrate fiiall appoint arid iwcar oi.e. 
 "•■ ' : . - Bat 
 
 1 
 
 And enter the 
 iame. 
 
 I 
 
 Cniinteifeiting 
 the leal. 
 
 Selling 
 feakd. 
 
 before 
 
 Buyer m.iy ir.ea 
 Ittie again. 
 
i 
 
JKaooUen manufactttte. 6oi 
 
 But if the feller doth not then appear, or doth not then appoint 
 a meafurer, the keeper of Blackiuctl hail Ihall proceed to mea- 
 fure it. 
 
 And the meafurer fhall be paid by the b'jyer 6 d. for each piece. 
 
 And he (ball make a certificate of the true meafure thereof. 
 
 And if on fuch his meafuring there appear a lefs quantity in 
 length, or in the greateft part of the breadth, than is mentioned in 
 the feal, the owner or feller fhail forfeit the fixth part of the value 
 of luch cloth ; to be paid by the buyer, and deduded out of the 
 price, on the meafurer's making fuch certificate, and making oath 
 thereof before a juftice, of which the jaftice fhall give him a cer- 
 tificate The fame to be repaid by the fulling miller. 
 
 And the faid certificate fhall in ten days be filed with the clerk 
 of the peace, for which he (liall have i s. which certificate fo filed, 
 fhall be a fufficient convidion. And an atteikd copy of fuch cer- 
 tificate (for which the clerk of the peace fhall likewife have i s.) 
 fhall be a fufficient authority to the owner or feller, to demand of 
 the milman the forfeitures deduced oat of the price. Which if 
 he fhall refufe to pay, it (hall be leviad by diftrefs, by warrant of 
 onejufticej and for want of diftrefs, to be committed to gaol or 
 houfe of correftion for three months. 
 
 And by the 13 G. c. 23. Every owner of tenters for mixed or Tenters, 
 medley broad cloth, in the counties oi GlouceJ}er, Wilts, and Zo- 
 tnerjety fhall meafure the tenter, and mark in figures the length of 
 yards, beginning at number I, and fo continuing to the end, upon 
 the top bar, and on the forefide thereof; on pain of 5 /. on con- 
 viftion before two juftices, on information on oath, m 3 months 
 after the offence; to be levied by diftrefs, half to the informer, 
 and half to the poor : for want of diftrefs, to be committed to gaol 
 not exceeding three months, or until fatisfadion be made. 
 
 And the juftices of the faid counties, at Erfier fefTions yesrly, infueflort. 
 fhall chufe infpeftors ; who, before they enter upon their office, 
 fhall take this oath ; / A. B. </<? fivear, that I nvill ivell and truly 
 execute the office of an inffe£lor cf mixed or medley nvoolien hroad cloth 
 nvithln this county, according to the laivs and jiatvtes of this reahn^ 
 and according to the heji of my Jkill md knomcledge : So help me god. 
 
 And they fhall infpeft the mills, fhops, houfes, and tenter grounds 
 of perfons concerned in milling znd manufa'turing mixed or medley 
 woollen broad cloth ; and (hall meafure the cloth on the renter; ar.d 
 f:ch inTpeiftor fhall ftamp his name on a lead feal, to be furnuhed 
 by the maker of the cloth, and affix the lame on the head end of 
 fuch cloth, and fhall regifter in a book the clothier's, milnian's, 
 or other perfon's name, and the number, length, and breadth, of 
 every fuch cloth ; and fhall at every quarter felfions give jn a copy 
 of fuch regifter, with an account of forfeitures levied. 
 
 The milman fending home fuch cloth before infpeded, fhall 
 forfeit 40/. in like manner. 
 
 Perfons refufing entrance to the infpedlor, fhall forfeit 10/. in 
 like manner. 
 
 And the infpedlor ading againfl his oath, fhall forfeit 20/. in 
 like manner. 
 
 And 
 
6o2 WHiolun manufatttttei 
 
 And the f^id juftices (hall allow a falary to each infpe£tor, not 
 exceeding 30 A a year : for the raifing of which, every maker 
 fhall pay to the infpeftor 2 d. for every fuch cloth, before they 
 are fenc from the mill ; who ftiall pay the fame, every 3 months 
 or oftner, to the county treafurer, to be applied by the feffions to- 
 wards fuch falaries. 
 
 XII. Concerning the Yorkfliire manufacture in 'par- 
 ticular. 
 
 yorkftlre ma- j . v/e comc next to confider the Tai-ljhlre manufaflure, the 
 
 »uiac ure. ^z.2X fiipport of the inhabitants of the barren mountains in the 
 
 North, in taking ofF large quantities of their coarfe wool. Du- 
 ring the late war, this manufadure did draw alfo much wool out 
 of Scotland, which in times of peace finds fome other vent ; per- 
 haps into France ; which it cannot fo well do, during a French 
 war. So that contrary to the maxims of commerce, the Northern 
 counties flourifh moft in time of war; becaufe wool then may be 
 fold for near three times the price that it bears in time of peace. 
 It were to be wifhed, that fome method might be found efFedual. 
 to preferve unto us that valuable branch of the Britijh commerce, 
 and to prevent foreigners from foreflalling us in that trade, of 
 
 • which we furnilh the necefiary materials. 
 
 Fcjialtics. -• Divers ads of parliament have been obtained, at the ex- 
 
 pence of the clothiers, for the regulation and encouragement of 
 this manufatlure. 
 
 : Thefe ads are in all fix : five of which relate all to the fame 
 fubjed ; each fucceeding ad explaining the former. And the 
 other ad ftands alone by it felf. 
 
 The fubftance of the faid five ads, when brought together, 
 feemeth to be as follows : 
 
 In the full place, as the punifhments, and the methods of in- 
 fiiding them, are not the fame on the faid feveral ads, it is pro- 
 per, in order to avoid frequent repetitions, to premife the feveral 
 penalties on the feveral ads dillindly j that fo, when the reader 
 fhall obferve what ad createth any of the following offences, he 
 may by calling his eye backward, fee prefently the general me- 
 thod of profecution upon that ad. And, in the progrefs, where 
 there is any particular punifhment direded for any particular of- 
 fence, it is thought proper to annex that punifhment to that parti| 
 cular offence. 
 
 (1)7 An. r. 13. The penalties on this ad mu|l be inflided in 
 2 1 days after the offence is committed or difcovered ; on convidion 
 before one juftice (not being a dealer in the woollen manufadure) 
 on the oath of one witnefs ; if not paid in feven days, to be levied 
 by the conftable by warrant of diflrefs from fuch juftice ; and to be 
 "diflributed, half to the informer, and half to the poor of the town- 
 {hip or place. For want of diftrefs, to be committed to the houfe 
 of corredion or gaol, to be kept to hard labour not exceeding one 
 month. Eat an appeal lies to the next feffions, who may allow 
 cofts. ■] An. c. 13. / 5, 6, 8. I G. Ji. 2. c. 15./. 16. 
 [i] \ G. ft. 2, f. 15. The lame. 
 
 (5) 'iG. 
 
Moollcn matittfactttre* 603 
 
 ^3) 1 1 G. c. 24. Information of all ofFencei on this aft (hall b« 
 given on oath in 20 days after the offence is difcovered ; and the 
 convidlion to be before one juftice (not being a dealer in the wool- 
 len nianufafture) on the oath of one witnefs (notice of the charge 
 being firft given to the party) ; If not paid in ten days after notice 
 given of the conviftion, at the offender's laft place of abode, and 
 he do not appeal, the fame to be levied by the conftable by warrant 
 of diftrefs from fuch juftice ; To be diftributed, half to the in- 
 former, and half to the poor. For want of diftrefs, to be commit- 
 ted to the houfe of correftion to be kept to hard labour for fix 
 months. But an appeal (on giving ten days notice to the informer) 
 lies to the next feffions, who may allow cofts. / 18, 19. 
 
 (4) T G. 2. f. 25. All informations of offences on this aft, Ihall 
 be made in five days after difcovery of the offence, and not other- 
 wife. The conviftion to \ti before onr^:ift'.ce (not being a dealer 
 jn the woollen manufafture) on oath of one witnefs. If noc paid 
 in ten days after notice given of the conviftion at the offender's 
 laft place of abode, and he do rot appeal, the fame to be levied 
 by the conftable, by warrant of diftrels from any fuch juftice : To 
 be diftributed, half to the informer, and half to the treafurer to- 
 wards the fearchers falaries, and other expences of carrying thefe 
 afts into execution. For want of diftrefs, to be committed to the 
 houfe of correftion to hard labour not exceeding one month. But 
 an appeal (on giving ten days notice to the informer) fies to the 
 next feffions, who may allow cofts. 7 G. 2. c. 25. / 2, 13, 16^ 
 14 G. 2. r. 35./. II, 
 
 {5) 14 G. 2, c. 35. The fame. 
 
 3. The clothier fhall, at the time of making the cloth, weave or Makafs mark* 
 few into the head of it, in letters at length, his name and place of 
 
 abode ; on pain that if he (hall offer the fame to fale fo unmarked, 
 he ftiall forfeit 5 /. for each piece. 1 1 G. 2. c. 24. /. 8. 
 
 And if any perfon fliall counterfeit or alter fuch mark, before 
 it is fold ; the offender, and alfo the perfon in whofe cuftody it is 
 found, fhall forfeit 5 /. id. 
 
 4. The fulling miller ftiall not full in one ftock at one time. Fulling. 
 more than one whole broad cloth ; on pain of 20 /. 7 An. r. i 3. y^ 4.. 
 
 5. And every perfon within 14 days after he is employed in Fulling miller w^ 
 the ofnce of a fulling miller, fhall make oath before a juftice, that ir.eaiure andfeaV 
 he will well and truly perform the meafuring and ftamping of the 
 
 cloth fulled at his mill : which juftice fliall give him a certificate 
 of fuch oath being taken. V/hich if he fliall omit to do, he fliall 
 forfeit 5 /. 14 G. 2. f. 35. / 5. 11 G. <-. 24. y? 4. 
 
 6. And moreover, the juftices (not being dealers in woollen Searchers to ba 
 cloth) may at Eajier feffions yearly, appoint other perfons to be appointed, 
 meafurers or fearchers at the faid mills, who follow or have been 
 
 brought up there in making or dreffing woollen broad cloth ; and 
 
 may appoint them falaries, not exceeding 25/. a year. And on 
 
 fuch iearcher's death, or incapacity, one fuch juftice, dwelling 
 
 near, may appoint another till Eajler feffions, to be there con- , 
 
 firmed, or another appointed. 14 G. 2. c. 35./ i, 2. 
 
 7. Which faid meafuier or fearcher fhall make the like oath Searcher's oati^ 
 |)efore a ]uftice, that he wiU well and truly perform the meafuring 
 
6o4 ©aooiiett manufactttte. 
 
 and damping of the faiJ cloth : which juftice fhall give him a cer- 
 tificate of luch oath being taken. 14 G. 2. c. 35. /. 5. 
 Sc-rchtr to mca- 8. The faid meafurer or fearcher, Co fiationed at the fulling 
 *"'«• mill, (hall together with the faid milman, meafure all the whole 
 
 cloths and ends there milled, fuch as are ftreamed or wafted in the 
 goit or mill flream, within fix, and not fooner than four hours 
 after ; fuch as are not llreamed and waihed, fball be meafured in 
 four hours after they come out of the ftock. 14 G. z. c. 35.7^ 3. 
 Lfnt'h and p. ^nd the length and breadth thereof fhall be as follows : 
 
 fcie^dch. Every woollen broad cloth, whether it be an end or half cloth, 
 
 or a long or whole cloth, being well fcouied and fully milled, fhall 
 be five quarters and an half broad within the lifts, in the water, 
 being fuliy wet ; and the half cloth fhall be not above 24 yards 
 long, and the whole cloth not above 48 yards long. ixG.c. 24./ i. 
 And if any whole or half cloth fliall, when milled, and having 
 fo laid four hours, be under one yard and 13 \ inches broad, for 
 above one fifth part of the length thereof; the maker fhall forfeit 
 for the firfl inch zs. (>d for the fecond jj. and for every other 
 fnch 15/. half to the informer, and half to the treafurer, charges 
 of profeuution and conviflion firft deduced. 14 G. 2. c. 35-/ 8. 
 And whole thick kerfeys, whole thick plains, huggabags, or 
 broken quilled kerfeys, fhall be not under 18 yards long, and 
 
 3 i^ quarters broad, when wet : on pain tfiat the perfon offering 
 the fame to fale contrary hereto, fhall forfeit for every inch want- 
 ing in breadth, and tytxy half yard wanting in length 20 j. i G. 
 fi. 2. e. 15. / 15. 
 
 SfsLn^afterit is >o- And the milman fhall aflix a feal (to be furm'fhed by the 
 meaiurcd. clothier) at one end ; and the meafurer another at the other end ; 
 
 and fhall rivet theiame ; and (hall each iiamp his name, or part 
 
 of it, on the feal or rivet, and the length and breadth in figures. 
 
 14 G. 2. r. 35./. 6. . 
 
 Penairy of ta- j , ^^j ^f jj^g maker take away his cloth from the mill, be- 
 
 fo'e^melfurine ^'^''^ ^' ^^ meafured and flamped, he fhall, on convidion on the 
 
 ind feaiin'. oath of fuch milman, or meafurer, forfeit zos. 14 G. 2. r. 35./ 4. 
 
 Or if he offer the fame to fale unfealcd, he fhall forfeit 5 /. for 
 
 each piece. 1 1 G. c. 24. / 8. 
 Entry to bs , 2. And immediately, the fearcher fhall enter in a book to be 
 
 made a/ter ir.ea- prQyjjg^j by (^^ treafurer, and kept at the mill, the maker's name 
 ing, and dwelling, the colour, fort, length, and breadth. 14 G. 2. 
 
 f. 3 5-/6. 
 „ , - I?. For which meafuring and fealing, the owner fhall pay to 
 
 Pay for tneafor- ,-"., ,^ °,, 11. a j c 
 
 icjj and iealmg. the milman \d. for every whole or long cloth, and zd. lor every 
 
 end or half cloth ; three fourths to go to the treafurer towards the 
 
 fearchers falaries and other ufes of the a<ft;, and one fourth to the 
 
 milman. 14 G. 2. t. 35. / 6. 
 
 And when the expences of the afts fhall be difcharged, the ju- 
 
 flices m Eafler fefiions may make order for increafing or diminifh- 
 
 ing the duties for meafuring and fealing ; fo as they never exceed 
 
 4 </. for a whofe, and zd. for a half cloth, id. /. 19. 
 
 iPeftalty on tke 14. Generally, the fulling miller omitting his duty, fhall forfeit 
 /ulling miUer. ^ y ,, ^^ 2. C. 24 / 5. 
 
 (is counterfeit- !>• And if any perfon (hall counterfeit or aUcr the feal, he 
 U'i ciic feai. fliall forftir \ i. 11 G.' c 2a / 4-. 16, IF 
 
1 
 
JHIXooUm manufacture* 605 
 
 16. If the owner fhall, in four hours after the cloth is brought 9".^™"E»e*'' 
 home, find on meafuring the fame, that it is of Icfs length, or of '"""*• 
 
 lefs breadth, for above one fifth part of the length, than is exprc-fF- 
 ed by the llamp, and (hall, before it is offered to fale, make oath 
 thereof before fuch juftice ; then the milman and fearcher, being 
 convi<5led by fuch oath, (hall jointly forfeit for the firlt inch in 
 breadth or half yard in length falling (hort of the Itamp jj. and 
 for every other inch in breadth and half yard in length lox. 
 half to the informer, and half to the treafurer (charges of profccu- 
 tion firft dedudled). And the trtalurer may dedud the meafurer's 
 penalty out of his falary. 14 G. 2. f. 35. / 1 1 , i 2. 
 
 17. And the juftices (not dealing in cloth) 'fhall at EaJIer fef 0'^" fearchm 
 dons yearly, appoint other fearcher?, who follow or have been '" *■ <"*^ 
 brought up there in the trade of making or dreffing v^oollen broad 
 
 cloth ; and allow each a lalary not exceeding i 5 /. a year ; who 
 
 (hall make oath, that they will well and truly execute the ofEce ' 
 
 of fearchers of broad woollen cloth, according to the laws of the 
 
 realm, and to the beft of their knowledge. 1 1 G. c. 24. /. 12. 
 
 7G. 2. f. 25./. 14. 
 
 I 8. And they may fearch (more efpecially when required un- Who fliall fe«di 
 £er the hand of any fuch juftice), and meafure fuiped^ed cloth ; *"<! aiearuie. 
 and perfbns hindring, (hall forfeit 10/. \i G. c. 24. f. 13. 
 
 But they fhall not fearch cloth packed for exportation, pro- 
 vided the merchant or packer (hall iwear before a juftice, that ic 
 was, when demanded to be produced, drelTed or packed up to be 
 fen t away. 14 G. 2. c. 35./. 15. 
 
 And if fuch fearcher ad againft his oath, he Ihall forfeit 20 /. 
 1 1 G. c. 24. / 14. 
 
 19. And if any buyer (hall fufpeft the cloth to want length or Buyer may mea- 
 breadth, he may in 14 days afcer delivery, put it in water four ^"'^ agaia, 
 hours, and caule it to be meafured by a fworn fearcher; and if 
 
 found lefs in length or breadth than is marked on the feals, the 
 feller Ihall forfeit 20 /. 7 G. 2. r. 25. / 2. 
 
 But it is provided afterwards in the fame aft, that no more 
 than 10/. (hall be forfeited for the firft inch wanting in breadth, 
 and 15 i. for the fecond, and 20 j. for every other inch. f. 4. 
 
 And that white broads fhall not forfeit for want of breadth, 
 after put in hot water or other liquors to be dyed. f. 5. 
 
 20. And the offender may, in five days after notice of the Seller n)ay t«w 
 offence, view the cloth ; and if the buyer refufe, the profecution '^* 
 
 ihall ceafe. 7 G, 2. c. 25. / 3. 
 
 21. And by a former aft it is provided, that the feller's pe Milman to an- 
 ralty (hall be repaid by the milman ; and on refufal, to be levied ^^^'' °^'^'' ^°^ 
 by diftrefs ; and that the buyer may in three days return it to the ^'^°"S'""f««- 
 feller, who fhall pay back the price and charges (to be afcertained 
 
 on oath before a juftice) ; and on refuial, to be diftrained of. 1 1 
 G. f. 24. / 5, 7. 
 
 22. Cloths damaged and fhortned by accident, (hall by a Cloths damagsi 
 fearcher be meafured and fealed again. 14 G. 2. c. 35. / 10. *° .'"^ meaiarsi 
 
 23. The owners of tenters ftiall mark, on the forelide of the y^"!' 
 top bar, in figures, the length of yards on each tenter ; beginning ' ' 
 with number i, and fo on ; on paid of 5 /. 1 1 G. t. 24. /. n. 
 
 24. Aad 
 
6o6 satooUen manufatfttre. 
 
 Stretching. 24. And if any perfon fliall flretch any fuch doth more thart 
 
 one yard in zo in length, or more than one inch in a quarter of 
 a yard in breadth, and fo in proportion, beyond the Meafure on 
 thefeal ; he fhall forfeit zo s. for every half yard in length, and 
 inch in breadth. 7 G. z. c. 25. /. 12. 
 
 Cards lA drefling. 25. Cards with wdre or other metal fhall not be ufed in drefUng 
 cloth, on pain of 50/. 11 G. c. 24. /. 18. 
 
 Stretching in ^6. And the cloth drefler l^retching the merchant's cloth, or aU 
 
 dreflTing. tcring the feals, fhall repay to him the penalties. 11 G. c. 24. / 16. 
 
 JDrclTer's ftamp. -7- ■^"^ ^^ ^^^' ^""^^^ ^^^ ^^"^'^ ^" ^^^ P^''^^ alike j and fhall at 
 the head end affix and rivet a feal of lead, and flamp thereon his 
 name at length ; on- pain of 5 /. 1 1 G. c. 24. / 10. 
 
 What hath been faid may fufHce for a general view of fo per- 
 plexed a matter, as muft be neceflarily fuppofed in five pretty long 
 ails of parliament, all unrepealed, and every fubfequent aft ex- 
 plaining and altering the former : A more exaft knowledge of 
 any particular, muft be laboured for in the ads themfelves. 
 
 The ad which ftands alone, is concerning narrow woollen cloths 
 only, not being white kerfeys, nor half thicks i and is as 
 follows : 
 Narrows. 28. The juftices in E^Jffr feffions yearly fhall appoint fearchers, 
 
 fuch as have ferved appreniicefliips to the trade of making narrow 
 cloth, or have exerciied fuch trade three years ; and appoint them 
 falaries : Who fhall he fworn before a juftice, well and truly to 
 execute the office of fearching fuch narrow woollen cloth. And in 
 cafe of the death or ficknefs or other difablility of a fearcher ; one 
 juftice, living near, may appoint another till the ntA fefGons, to be 
 there confirmed, or another appointed. 1 1 G. 2. c. 28. /. 3, 4. 
 
 Which faid cloth may be made of what length and breadth the 
 maker fliall think fit. /. i 3. 
 
 And he (hall weave or fee in the head of every piece, the firfl 
 letters of his name; on pain, on convidtion in one month, of 
 forfeiting 20 j. /. i. 
 
 And the fame fhall be meafured when wet at the mill, both by 
 the milman and the fearcher, who (hall meafure it down tiie mid- 
 ^ die for the length, and within the lifts for the breadth. / i. 
 
 And the milman fhall rivet at one end a feal of lead, to be fur- 
 riflied by the clithier, and fhall ftamp his name thereon at length, 
 and the length and breadth in figures : And the fearcher fhall alfo 
 affix a feal of lead at the other end, with his name, with the length 
 and breadth in like manner. /. i . 
 
 And they both (hall keep books, wherein they fhall enter the 
 day and year when milled, the name and place of abode of the 
 owner, and the length and bieadth ; and fhall fufter the buyer to 
 -infpeft the fame. / 1. 
 
 The miller, or fearcher offending herein, fhall, on convidiort 
 in eight days after the cloth is removed from the mill, forfeit 5 /. 
 / I, 2. 
 
 And if any perfon fhall counterfeit the feal or mark, he fhall 
 (on convidion in one month) forfeit 40 j. /. 7. 
 
 And a fiim not exceeding 3 d. for each cloth, fhall be paid by 
 she owner before it is carried from the mill, to fach perfon as the 
 
 juftice* 
 
oaioollett matittfatfttte. 607 
 
 jjoftices at Eajier feffions (hall appoint, to pay the fearchers fala- 
 ries, and other expences of the ad : And the perfon fo appointtd 
 may detain the cloth at the inill till paid ; and if not paid in eight 
 days after demand, fuch perfon may fell the fame, and detain the 
 money, rendring the overplus on demand, f. %, q. 
 
 And the owner fhall meafure the cloth when brought from the 
 mill, before it is fet on the tenter; and if it is lefs tlian the 
 ftamp, or by lying wet is become lefs, he fhall carry it to the rail- 
 man and fearcher to be reftamped, on pain of 5 s. on convidion ia 
 Qne month after the offence. /^ 5 . 
 
 The owner may ftretch the fame one inch in a yard in length, 
 and two inches in every three quarters in breadth, and (o in pro- 
 portion : but if any perfon ftretch it further, he fhall forfeit for 
 the firft half yard in length, or firft inch fn breadth overftretched 
 10 s. and for every other half yard in length, or half inch in 
 breadth zos. f. 6. 
 
 The convidion to be before ore jullice, not being a dealer In 
 cloth, on oath of one witnefs, reafonable notice being firft givea 
 to the perfon accufed. f. \o. 
 
 The forfeitures (if not paid in ten days after notice of the con- 
 vidion given at the offender's laft place of abode, and if he Ihall 
 «ot appeal) to be levied by the conftable by warrant of a juftice 
 by dillrefs, rendring the overplus on demand, charges of diftrefs 
 and fale being firft deduded : To be diftributcd (after deduding 
 the charges of convidion) half to the informer, and half to the 
 treafurer for the expences of carrying the ad into execution : Fof 
 want of diftrefs, to be committed to the houfe of corredion to 
 hard labour for one month, f. 10. 
 
 Perfons aggrieved may appeal to the next quarter fellions to 
 be held after 14 days from the convidion, giving ten days notice 
 to the informer. And the jaftices there, may award cofts. /. 12. 
 
 XIII. Concerning burying of the dead in woollen clotK 
 
 1. By the 30 C 2. c. 3. (which is required to be given m 
 charge at the affizes and feffions) no corps of any perfon (except 
 thofe who fhall die of the plague) fhall be buried in any ftiirt, 
 fliift, Iheet, or fhroud, or any thing whatfoever made or mingled 
 with ilax, hemp, filk, hair, gold, or filver, or in any ftufF or 
 thing, other than what is made of fheep'a wool only, or be put 
 into any cofnn lined or faced with any fort of cloth or ftuff, or 
 any other thing whatfoever, that is made of any material, bat 
 fiieep's wool only. / 3, 9. 10. 
 
 2. And the minifters fhall take an exadr account, and keep a 
 regifter book, to be provided at the charge of the parifh, and 
 make a true entry therein of all perfons buried in their refpedive 
 j[>ari{hes or precinds, or in fuch common burial places as their rai- 
 fpedive pariftiioners are ufualiy buried, f. 4, 7. 
 
 3. Within eight days after the interment, fome relation of the 
 party deceafed, or other credible perfon, fhall caufe an affidavit; 
 (A) in writing to be made under the hands and fcals of two or 
 more credible vvitneiTes, fe'.tiiig fonh that fuch Ueceai'si perfon 
 
 w»» 
 
6o8 Mooiieti manufactttte. 
 
 was not put in, wrapt, or wound up, or buried, in any fliirt» 
 iTnift, fheer, or fliroud, made or mingled with flax, hemp, filk, 
 hair, gold, or filver, or other than what is made of fheep's wool 
 only, or in any coffin lined or faced with any cloth, ftufF, or any 
 other thing whatfoever, made or mingled with flax, hemp, filk, 
 hair, gold, or filver, or any other material but ftieep's wool only : 
 And fliall bring the iame, and make oath thereof, before the 
 mayor, or a julhce of the peace, or mafter of chancery [and 
 if no juftice (hall refide or be to be found in the parifh where 
 the party is interred, then to any parfon, vicar, or curate, in 
 any other parifli within the county, 32 C. 2. c. i.] who fliall ad- 
 minifter the oath, and attell the fame under their hands upon fuch 
 affidavit, gmtis. / 4. ?■ 
 
 4. And fliall (within eight days as aforefaid) bring the fame 
 fo figned and attelled, to the miniilcr; who fliall enter the fame in 
 the regifter. /. 4, 7. 
 
 5. And if no relation of the party buried, or other perfon, 
 fhall bring fuch affidavit, as aforefaid. Then the goods and chat- 
 tels of the party decea fed iliall be liable to the forfeiture of 5/. 
 to be levied by diftrefs, by warrant of the chief magiftrate in any 
 town corporate, or of any juftice of the peace : Or in default 
 thereof, by like dillrefs of the goods of the perfon in whofe 
 houfe the party died ; or of any that had a hand in putting fuch 
 perfon into any fhirt, fhift, fiieet, ftiroud, or coffin, or did order 
 or difpofe the doing thereof ; and in cafe fuch perfon were a fer- 
 vant and died in the family of his or her matter or miftrefs, the 
 fame fhall be levied on the goods of fuch mafter or miltrefs ; and 
 if fuch perfon died in the family of his or her father or mother, 
 then the fame fliall be levied on the goods of his or her father or 
 mother ; Which faid forfeiture fliall be levied, paid, and allowed 
 T)ut of the eftate of the faid deceafed perfon, before any ftatute, 
 judgment, debt, legacy, or other duty whatfoever. f. 4. 
 
 • 6. And in fuch cafe, where no affidavit fhall be brought in 
 eight days as aforefaid, to the minifter where the party was buried, 
 he fhall forthwith give, or caufe notice ( B ) thereof to be given 
 in writing under his hand, to the churchwardens or overfeers -, on 
 pain of 5 /. with full coils (provided the fuit be commenced in 
 iix months), one fourth to the king, two fourths to the poor where 
 fuch perfon offending dwells, and one fourth to hnn that fhall in- 
 form and fue. _/? 5, 6. 
 
 And moreover, where no fuch affidavit fliall be brought to him 
 within fuch time, he fhall enter a memorial thereof >n the faid 
 regiftry, againft the name of the party interred, and of the time 
 when he certified the fame to the churclnvardenb or overfeers. 
 
 ^7- ... 
 
 7. The faid churchwardens or overfeers fhall within eight 
 
 days afrer fuch notice (on like pain as the miniller) repair to the 
 chief magiftrate, if fuch party was buried in a town corporate, or 
 eli'e to a jnflice of the peace: Which faid juliice or magiftrate,, 
 o?i certificate from fuch minifter, fliall (on the like pain) forth- 
 with grant a warrant ( C ) for the levying of the iaid forfeiture 
 or; thtr goods of the parties before mentioned, rendring the over- 
 plus 
 
i 
 
moolltn mmnfattttn. 609 
 
 plus all realbnable charges being fir/l dedudled j half of whick 
 fhall be to the poor, and half to the informer. _/! 5. 
 
 8. And when the overfeers fhall account, they fliall give an ac- ~ 
 count of the name and quality of every perfon interred within their 
 parifh from the time of their former account, and of luch certifi- 
 cate as come to. their hands from fuch miniller, and of their levy- 
 ing the prn,ilties, and of their difpofal thereof; on pain of 5 /. :o 
 be levied by diftrefs, by warrant of the juftices, or two of them, 
 to whom they (hall account. And no overfeers account lliall be 
 allowed, until they fliall have therein accounted for the burials as. 
 aforefaid. /. 8. 
 
 XIF. Jgainjl impcrtation of woollen cloth. 
 
 No foreign woollen cloth (hall be imported, on pain of forfei- 
 ture, and further punilhment at the king's will. 11 Ed. 3. c. 3. 
 4£/ 4. r. I./ 7. 
 
 XV. Encouragement of the exportation of ivoolkn ma- 
 nufa^ures. 
 
 Woollen manufactures fhall be e^cported cuftom free. 1 1 ^ 
 
 1 2 ir. c. 20. 
 
 A. Affidavit for burying in woollen. 
 
 Weftmorland. T^ E it rcmembred, that on the day of 
 
 XJ A. W. of yeoman, andKW. 
 
 of- yeoman, being tivo credible perfons, do make oath. That 
 
 A. D. late of in the parijh of • /;/ the county afire- 
 
 faid, on the day of this -prefcnt month rf ^vuas vet 
 
 fut in, 'urapt or iLound up, or buritd in any jhiit, Jkift,jhe6t, cr 
 Jhroud, made or minghd ixiith flax, hemp, filk, hair, gold, or Jii- 
 ver, or ether than nnhat is made cf Jhecp''s 'vcool only, or in any 
 roflin lined or faced nuith any cloth, ftufl, or any other thing tvhat- 
 foe'ver made or mingled ivith flax, hemp, filk, hair^ gold, or filler ^ 
 •r any other material but Jheeps ^wool only. 
 
 A. W. 
 
 B. W. 
 
 S'worn before me, being one of his majefy''s 
 jujiices of the peace for the fiid county [or, 
 micar of in the faid county, there be- 
 ing no jufice of the peace reflding (or to he 
 found) in the faid partjh r f ■] the day 
 
 and year abovefiid ; 
 
 J. P. 
 
 Vol. 11. R r B- The 
 
6io CiatoDUen manufactttte. 
 
 B. The minifter's notice of affidavit of burying in 
 . woollen not being brought. 
 
 ■trr n ] A S '^° ^^^ churchwardcns and overfeers of the poor 
 (of the parifh of in the faid county. 
 
 A.M. mitiijicr of the pari/b of afore faid, in the county 
 
 aforefaid, do hereby gi-ve you notice, that on the day of 
 
 •the body of A. Ji. ivas buried nvi thin the faid par ifh^ and 
 
 I 
 
 - J J — — — — -J t j-j 
 
 that no pcrjon nvhatfoevcr hath brought to me any afidwvit pur- 
 fuant to the Jlatute made for burying in 'vjoollen. kP itnefs my hand 
 the ■ day of — ; . 
 
 C. Warrant to levy the penalty for not burying in 
 woollen. 
 
 Weftmorland. \ To the conftable of . 
 
 WHERE AS it dulf appears to fnc qne of his majejly^s 
 jiiflices of the peace for the faid county, that A. D. lute 
 
 of - • deceafid, on the ~ day of' luas buriid 
 
 nuithin the parijh of- ■ in the county aforejnid, and that no 
 
 cfida'vit hath been brought nuithin eight days afterivards to the 
 niinifer of the faid parfh that the fc.id A. D. nvas buriid in no 
 ether materials but jherp's nvocl only, purfuant to the fatute in 
 that caf made ; \_and tvhereas it alfo duly appearcth unto mc, that 
 he the faid AD. had no goods and chattels at the time of his 
 death as aforefaid, and that he the faid A. D. did die in the 
 
 houfe of A.O. of — : yeoman, at roforefaid, in the 
 
 county rforefaid; Or, that A. O. of' ytoman, hud a hand 
 
 in, or did order and difpofe, the putting the faid A . D. dccec.fcd in 
 a fiirt, /hift, fl?ett, fhroud^ or coffin, contrary to the form of th( 
 
 Jlatute aforefaid; or, that A. M. of yeoinan, at the time 
 
 of the death of him the faid A. D. 'uias majier of him the faid 
 A. D. and that he the fad A. D. fervant to the faid A. M. did 
 
 die in the houfe of him the faid A. M at > ^ ajorefaid', or, 
 
 that A. F. cf yeoman, nvas father to the faid A. D. and 
 
 that he the faid A. D. did die in the family of him the faid A. F.] 
 U^hefe^ are therfore to command you forthn.vith to Iciy the fum cf 
 ^\. by difrefs and file cf the goods and chattels ^ivhich he the faid 
 A. D. had at the tinie of his death [Or, of the goods and chattels 
 
 of him the faid A. O.] rcndring the O'verphis to '■ ycur rea- 
 
 fonable charges being fyji d<.du£ied: One moiety of muhith faid fum 
 of 5I. you jhall pay fo the o'verfers Jor the ufe of thi pvor of the 
 faid parijh avhere he the faid A. D. nvas buried, find the other 
 
 moiety to A. I. of yeoman, nxho iiifurtned me cf the fid 
 
 offence, and did fue for the faid forfeiture. Herein fail you not. 
 
 Gin/en under my hnnd and fed at in the county (fore faid y 
 
 t'}e———^deiy o f . • in the • • >•• year of the reign of ■ . 
 
6ir 
 
 I. "¥■][ T R EC K of the fea, in legal underftanding, is applied Wreck, wh^t. 
 
 V^ to fuch goods, as after (hipwreck at fea, are by the 
 fca call: upon the land ; and therefore the jurifdidion thereof 
 pertaineth not to the lord admiral, but to the common law. 
 2 Inji. 167. 
 
 2. None of thofe goods which are called jet/am (from being Jetfam, flotfaai, 
 enj} into the f«a while the (hip is in danger, and after perifheth) &las=<|^ 
 
 or thofe called fi)if.m (f om Jioathig upon the fea after fhipwreck) 
 or thofe called I -gem or I'lgiti (goads thrown overboard before 
 the fliipwreck, which fmk to the bottom of the fea) are to be 
 elieemed wreck, fo long as they remain upon the fea, and are 
 not call upon the land by. the fea; but if any of them are cait 
 upon the laud by the fea, they are wreck. U'ood ^Sj. 
 
 3. Alfo, by the 3 Ed. i. c. 4. Where a man, a dog, or ca/ Living creit«rt 
 efcape quick out of the jhip^ the ftslp or any thing therein pall «o/ ^^"^^P'^S- 
 
 be adjudged --wreck of the fea. 
 
 J man, a dog, or a cat'\ Which ftatute being but declaratory 
 of the common law, thefe three inftances are only put for exam- 
 ples ; for befides thefe two kinds of bealls, all other beafts, fowls, 
 and other living things are underftood, whereby the property of 
 the goods may be known. 2 Lf. 167, 168. 
 
 Efcape quick out of the fjip] If a fhip be ready to perifh, and 
 all the men therein (for the fafeguard of their lives) leave the 
 ihip, and after, the foriaken fhip perifheth ; if any of the men be 
 faved and come to land, the goods are not loft. 2 InJi. 167. 
 
 4. By the ij Ed. 2. The king Jhall ha-ve lureck of the fea I0 ,...\nmxht 
 throughout the realm. . wreck be- 
 
 And the caufe whei;efore originally wreck was given to the crown, longe'^h* 
 flood upon two main maxims of the common law. i. That the 
 propel ty of all goods whatfoever mufl be in fome perfon. 2. That 
 fuch goods as no fubjed can claim any property m, do belong to 
 the king by his prerogative. 2 Lfi. 167. 
 
 5. Tlie taking of goods whereof no one had a property at the Seizing wreck 
 time, is not felony ; and therefore he who takes away a wreck, not felony, 
 before it is feized by the perfon who has a right thereto, is not 
 
 guilty of felony, and (hall only be puniQied by fine, or the like. 
 I Haw. 93, 94. That is to fay, he is not guilty of felony by 
 the common law ; but it is otherwife by the Ilatutes here fol- 
 lowing. 
 
 6. To preferve fhips ftranded, or in diftrefs, from being plun- Affixing AI^ 
 dred by the country people, it is enadted by the 12 An. fi. 2. '" o'^'"^-^'- 
 
 c. i8. and the; 26 G. 2. c. 19. as follows : (Which faid acl of thft 
 1 2 An. is required to be read, in the church four times a year, in 
 all fea port towns, and on the coaft.) 
 
 The juftice of the peace, mayor, bailiff, colleflor of the cu- 
 ftoms, or chief conftable, who iliail be neareft to where any (hip 
 fcall b^vftranded or call away, Ihall forthwith give publick notice 
 
 R r z .for 
 
6i2 QJDJcecft* 
 
 for a meeting to be held as foon as pofllble, of the flierifF or his 
 deputy, the juUices of the peace, mayor5, coroners, arid coin- 
 milfioners of the land ta;<, or any five of tiicm, who fliail employ 
 proper perfons for faving the fame ; and (fiall command the con- 
 ftables neareit to the fea coafts, to call together as many men as 
 flhall be thought necellary, to aflill. And alfo the officers of cx- 
 cife (hall be proper officers to put thefe adb in execution. And 
 within the cinque ports, the lord warden of the cinque ports, the 
 lieutenant of Do<vci- cajh'e, the deputy warden of the cinque 
 po.':?, the judge official, and commiltary of the court of admiralty 
 ■• of the cinque ports, Ihall put the fame in execution there. 
 
 Ai.d any jultice of the peace, in tne abfcnce of the high fherifF, 
 may take fufficient power of the county. 
 
 And th'-y mwy command all fhips at anchor near, to afiift ; and 
 if the officer of luch fliip (hall refufe or negle(f>, he (hall forfeit 
 tcol. with coifs, to the officer of the (hip in dillrefs. 
 
 And to prevent confufion, and contradidory orders, the per- 
 foiis aflbmbled to fave any veffel or goods as aforefaid, (ha!! con- 
 form in the (irfl place to the orders of the maifer or other officer 
 or owner, or perlbns employed by them ; artd for want of their 
 prefence or diredions, then to the orders oi the officers of the 
 tuiloms, next to thole of the officers of excile, then of the (he- 
 rifFor his deputy, then of a jufticc of the peace, then of a mayor, 
 then of the coroner, then of a commilfioner of the land tax, then 
 of a chief conllable, then of a petty conllable ; and any perfon 
 ading contrary to (uch orders, fliail forfeit r;ot exceeding 5 /. 
 to be levied by warrant of one jullice, and in cafe of non-pay- 
 ment, to be committed to the houfe of corrcdion, not exceeding 
 three months. 
 
 And every fuch (lierifF, jullice, mayor, coroner, lord of a ma- 
 » - nor, under fherifF, or commiiliotier of the land tax, (hall have 4. j. 
 
 a day during his attendance, out of the goods faved. 
 
 And if any Perfon, not impowered as above, (liall endeavour 
 to enter on bonrd fuch veffel, or fliail deface the marks of the 
 goods ; he fhali within 20 days make double fatisfadion to the 
 party grieved, at the difcretion of the two next julfices ; or in 
 default thereof, fl)all be fent by them to the next houfe of cor- 
 rcdion, to be kept to hard labour lor 1 2 months. 
 •(. And if any perlons not employed by the mafter or owner, 
 
 (hall in the abfenve of perlons employed by them, fave any veiiel 
 or goods, and caufe them to be carried for the benefit of the 
 owners into port, or any near adjoining cuftom houle, or place 
 oi fafc cultody, immedjately givmg notice thereof to a jullice, 
 magiitratc, cuftom houfe or excile officer, they ffiall be intitled 
 ••- to a reafonabie reward for the fame, to be adjulled by three 
 
 neighbouring juftices, which may be recovered by adion at law : 
 Or the fame may be adjuited by the officers abovementioned. 
 And if the faid falvage (and the charges of 4 /. a day as above- 
 mentioned) (hull not be paid in 40 days after the fervices per- 
 formed, the officer of the culloms concerned in the falvage, may 
 borrow or raife fo much money as (hall pay the fame, upon a 
 bill or bills of fale, under his hand and leal, of the veffel, or 
 
 cargo. 
 
I 
 
tHarecft." 6r 
 
 cargo, or part thereof; redeemable neverthclefs on payment of the 
 principal, and interell at 4 per cent. 
 
 'And more generally, by another daufe it is enabled, that all 
 pcrfons who fliall aft or be employed in prcferving any fiich veffel 
 or cargo, (hall be paid a reafonable falvage, to be adjufled by 
 three neighbouring jufticcs as abovementioned. 
 
 And if any perlbn fliall be aflaulted, beaten, and wounded, 
 in the exerciie of his duty in the falvage of any vcflel or goods, 
 the offender, on conviftion by indiftment at the aflizes or feflions, 
 fliall be tranfported for fcven years. And fuch perfons molefting 
 the prefervation of the ihip may be repelled by force. 
 
 And if any perfon fhall plunder, fteal, take away, or deftroy 
 any goods belonging to fuch (hip in dillrefs, or which fhall be 
 wrecked or llranded. (whether any living creature be on board or 
 rot) or any tackle, provifion, or part of fuch fhip ; or (hall beat 
 or wound, with intent to kill, or otherwife wilfully obftruft the 
 efcape of any perfon endeavouring to fave his life from fuch fhip, 
 or the wreck thereof; or (hall put out any falfe light, with in- 
 tent to bring any ve(rel into danger ; he (hall be guilty of felony 
 without ber^efit of clergy. Provided that when goods of fmall 
 value (hall be ftranded or caft on (hore, and ftolcn without circum- 
 ftances of cruelty, outrage, or violence; the offenders may ht 
 profecuted for petit larceny only. 
 
 And ii any perfon (hall make any hole in any fuch (hip in di- 
 ftrefs, or fteal any pump belonging thereto, or wilfully do any 
 thing tending to the immediate lofs of fuch (hip, he fhall be guilty 
 of felony without benefit of clergy. 
 
 And if oath be made before a magiftrate, of any fuch plunder 
 or theft, or of the breaking of any fuch (hip, and the examina- 
 tion in writing thereupon taken be delivered to the clerk of the 
 peace, he (hall caufe the offender to be forthwith profecuted for 
 the fame, either in the county where the faft (hall be committed, 
 or in any county next adjoining, in which adjoining county any 
 indiftment may be laid by any other profecutor ; and if the fad 
 be committed in Wales, then the profecution (hall or may be 
 •arried on in the next adjoining EngUJf:) county ; and the neceffary 
 charges of fuch profecution fhall be paid by the treafurer of the 
 county where the fact Ihail be committed, as the juflices in fef- 
 Cons (hall order : and if the clerk of the peace (hall negleft his 
 duty herein, he (hall forfeit 100/. to. him who (hali fue. 
 
 And one juftice, upon hiformation on oath, of any part of the 
 cargo or effedts of any vefl'el lolt or ftranded near the coafts, be- 
 ing unlawfully conveyed, or concealed, or of fome reafonable 
 caufe of ("ufpicion thereof, may iffue his warrant for fearching as 
 in other cafes of ftolen goods : And if the fame be found in any 
 houfe or other place, or in the polTeffion of any perfon not legally 
 authorifed to have the fame ; and the owner or occupier, or per- 
 fon in whofe poffefGon the fame (hall be found, (hall not imme- 
 diately upon demand deliver the fame ; fuch juftice, on proof of 
 fuch refufal, ftiall commit him to the common gaol for fix months 
 ©r till he (hall have paid treble value thereof. 
 
 Aad 
 
6i4 Cairecft. 
 
 ^ And if any perfon fhall ofier to fale any fuch goods unlawfully 
 taken away, or reafonably fufpected fo to have been, the perfon 
 to whom they are offered, or any officer of the cuftoriis or ex- 
 cife, or conftable, may feize the fame ; and fhall, with all con- 
 venient fpecd, carry the fame, or give notice thereof, to one 
 jiiflice ; and if fuch perfon ftiall not in ten days make out bis 
 property therein, to the fatisfadion of the juflice, they fl)all be 
 delivered oyer to the rightful owner, on payment of a reafonable 
 reward (to be afcertained by the juftice) to the feizor; and the 
 juflice may commit fpch. offender to the common gaol for fix 
 months, or till he fhall have paid treble value. And if any per- 
 fon ftall difcover to any juflice, magiltrate, cullom houfc or ex- 
 cife officer, where any fL\ch good; are wrongfully bought, fold, 
 or concealed, he (hall be intitled to a reafonable reward, to be 
 adjuded as the falvage. . , . 
 
 And the oliicer of the cuftoms who fliail aft in preferving any 
 veffel or cargo, fliall,. as foon as conveniently may be, caule or 
 procure all peribns belonging to the velTel, and others who can 
 give an account thereof, to be examined on oath before a juflice, 
 as to the name or defcription of the vefTel, the names of the ma- 
 iler and owners, and of the places from or to which the veffel 
 was bound, and the occafion of the diftrefs ; which examination 
 the juflice fhall take in writing, and fhall deliver a copy thereof 
 to the faid officer of the cuiloms, who flial! forthwith tranfmit the 
 fame to the fecretary of the admiralty, who iliall pubhfh the fame 
 in the next ^jfidon gazette, or fo much thereof as fhall be necef- 
 i*iry for the information of the perfcns intereited or concerned 
 therein. 
 
 And if no perfon fhall appear to claim the goods faved, the 
 officer of the cufloms fhall apply to three of the nearefl jultices, 
 who fhall put him or fome other refponfible perfon in pofiefuon, 
 taking an account in writing of the goods, to be figned by the 
 {aid officer ; and if they be not claimed in a year, they fhall be 
 fold (and if perifliable, fhall be forthwith fold) and the money 
 leturned to the exchequer, till claimed by the owner. 
 
 But this fhall not prejudice the right of any lords of manors, 
 Qr others, lawfully claiming wreck, or goods Jlutfum^ jttjamy or 
 lagan. 
 
 '" C N C L U S I N. 
 
 R'ATING thus £nifhed the w^ork propofed ; it may be 
 requifite, upon the whole, to fubjoin one fingle rcfledion, 
 which will occur to every reader, in perufmg almofl every one of 
 the larger titles of this book ; and that ii, concernir-g the poGibi- 
 lity and expediency of reforming the llatute law. The Itatutes 
 at large, from the very nature of the thing, have in procefs of 
 time become very cumberfoaie, and very intricate. They are 
 2 not 
 
ConcluJiGn, 615 
 
 pot to be parchafcd but for a larger fum of money, nor to be un- 
 derftood without a greater expence of time, than a wife man 
 would often chufe to employ in that way. 
 
 The courfe to be taken in that matter feems to be this : 
 Firft, at^ually to repeal all thofe ftatutes, and parts of ftatutes, 
 which are -viriuully repealedhy fubfequent contradidlory ftatutes. 
 
 Secondly, to repeal all thofe ftatutes which are obfolete, and 
 grown out of life, by the alteration of times and circumftances. 
 
 Thirdly, to repeal all thofe ftatutes, which being neither con- 
 tradiifled by fubfequent ftatutes, nor become obfolete, yet arc 
 rendred u/elrfs by fubfequent ftatutes enacting the fame things over 
 again, with alterations and amendment?. 
 
 Fourthly, to repeal, or alter, all thofe ftatutes which are />-/- 
 fvclous ; that is, which polTibly cannot, or probably never will b? 
 executed : fuch as thofe which appoint an offender to be whipped 
 by the hands of the common hangman, where perhaps there is no 
 fuch officer ; or which prohibit an offence under a very fmall pe- 
 nalty to be recovered in the courts at yV'JlminJler, where the re- 
 ward will not countervail the expence of recovering it. 
 
 Fifthly, to omit all thofe ftatutes, which although enafted to be 
 publ.ck ftatutes, yet are only of pri'vate concert! ; fuch as thofe for 
 bridges in particular places, or paving the ftreets in fuch a market 
 town ; and the like. 
 
 Sixthly, as to the reft, to lay all the ftatutes, and claufes of 
 ftatutes together, which relate to the fame fubject, and out of the 
 whole to compofe one, two, or more uniform and confiftent fta- 
 tutes ; and then to repeal all thofe other, as workmen deftroy the 
 fcaffblding when they have erefted the building. 
 
 I know but of one material objeftion, againft this method of 
 proceeding ; and th^t is, that the law being now for the moft part 
 well fettled upon the ftatutes, notwithftanding their acknowledged 
 diforder and confufion, this would tend to unfettle all again, 
 by breaking the connexion which there is between one ftatute and 
 a lOiher, and one part of a ftatute and another, altering the words 
 a'ld phrafes, and after all perhps not much mending the matter, 
 fnce it is poffible that the new ftatute» may be as liable to objec- 
 tions as the former were. 
 
 But this is an argument, not fo much againft the thing it felf, 
 93 againft the manner in which it may be executed. As to break- 
 ing the connexion, it is certain that for the moft part there is no 
 connexion ; and where there is, that may eafily be preferved : 
 And it ought to be laid down as an invariable rule, to retain as 
 much as poflible the identical words and fentences of the former 
 ftatutes ; only rejefling what is fuperfluous, inferting the clear 
 law as it now ftands, and putting the fame into a form more re- 
 gular, concife, and td{y. And this feemeth no way impoflible 
 to be done, by any perfon of a tolerable underftanding, endowed 
 only with a clear head, and much patience. 
 
 % H E END, 
 
ERRATA. 
 
 The reader is defired with his pen to correft the 
 following errata^ mofl of which do affedl the fenfe; 
 other fmaller millakes are left to the reader's 
 candour. 
 
 VOL. I. 
 
 Page 21. line 43. for <■/?>. 31. read ch. 13. 
 
 P. 37, 1. 32. iox in purijh, r. in the pariih. 
 
 p. 45. 1. 2. for year are, r. year, they are. 
 
 P. 62. 1. 18. iox parijhoncrs, r. parifhioners. 
 
 p. 90. 1. 39. for made, r. named. 
 
 P. 94. 1. 12. for of many r. of a man. 
 
 P. 103. 1. 17. for yeomat!, r. yeomen. 
 
 P. 106. 1. g. for ivithouf, T. within. 
 
 p. 191. 1. 44. for precedent, I. a precedent. 
 
 P. 193. 1. 24. {or pull of, T. pull off. 
 
 P. 232. 1. 17. for goods, T. good. 
 
 P. 292. 1. 29. for rates, r. rights. 
 
 P. 330. 1. 15. for 2 G. 2. r. I G. 2. 
 
 P. 358. 1. 10. for f. 11. r. f. 10. 
 
 P. 374. 1. 48. for f. 16, 27. r. f. 16, 17. 
 
 p. 450. 1. 24. for can no, r. can be no. 
 
 P. 485. 1. lo. for fade, r. take. 
 
 P. 487. 1. 17. for cf king, r. of the king. 
 
 P. 489. 1.21. for other, r. their. 
 
 P. 496. 1. 17. for in an river, r. in any river. 
 
 P,497. 1. 32. for can, r. fhall. 
 
 P. 539. 1. 20. for by plaintiffs r. by the plaintiff". 
 
 P. 560. 1. 29. for in, T. to. 
 
 p. 566. 1. 20. for and, i. an. 
 
 VOL. II. 
 
 P. 20. I. I. for rnujl firfi, r. mnft be firft. 
 
 p. 40. 1. 26. for no textend, r. not extend. 
 
 P. 65. in the margin, blot out the words The'valut. 
 
 P. 69. 1. 35. for ages if 21, r. ages of 21. 
 
 P. 117. 1. 27. for he, r. be. 
 
 P. 124. 1. 16. for <7r, r. or. 
 
 P. 219. 1. 8. for the, r. he. 
 
 P. 250. I. 32. for an, r. and. 
 
 P. 261. 1. 18. for 'njhither, r. whether. 
 
 t. 301. 1. 26. for toivnnxips, r. townfliips. 
 
 If there be more errata occurring in pages fubfcquent to thefe 
 here numbred, as alfo in the introduaion, which the author's di- 
 liance hath rendred impoflible for him to point out, the reader is 
 prayed to correft them according to his candour. 
 
I 
 
i'. 1. 
 
 '^BBJS'l' 
 
Ijate Due 
 
 L. B. Cat. No. I 
 
 137 
 
347.96 "B963 ^y lo-i^-i' 
 •pu rn 
 
 .Tustloe nf pence. >, 
 
 DATE DUE 
 
 ISSUED TO 
 
 W) /^g^.y 
 
 LiMiiQ 32 
 
 347.96 
 
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1